text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Students and Income-related Benefits) Regulations 2000 and shall come into force —
a
for the purpose of this regulation on 1st August 2000;
b
for the purposes of regulations 2 and 3 —
i
in the case of a student whose period of study begins on or after 1st August 2000 but before 28th August 2000, on the day the period of study begins;
ii
in any other case, on 28th August 2000;
c
for the purposes of regulations 4 and 5 —
i
in the case of a student whose period of study begins on or after 1st August 2000 but before 28th August 2000, on the first Monday of that period;
ii
in any other case, on 28th August 2000.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
Paragraph (1) of regulation 61 (interpretation of Chapter VIII of Part V — students) shall be amended by inserting in the appropriate place the following definition of “access funds” and substituting for the definitions of “grant” , and “sandwich course” the following definitions —
“access funds” means —
grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 ; or
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 , or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial diffficulties;
;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
;
“sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000 , regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000 , as the case may be;
.
3
Paragraph (1) of regulation 61 (interpretation of Chapter VIII of Part V — students) shall be further amended by substituting for sub-paragraph (b)(i) of the definition of “period of study” the following sub-paragraph —
i
the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
.
4
Regulation 62 (calculation of grant income) shall be amended as follows —
a
in paragraph (1), for the words “(2), (2A) and (2B)” there shall be substituted the words “(2) and (2A)”;
b
in paragraph (2A) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”;
c
paragraph (2B) shall be omitted;
d
in paragraph (3) for the words “A student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1998 or intended for an older student under Part IV of that Schedule” there shall be substituted the words “Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 or intended for an older student under Part IV of that Schedule”; and
e
the following paragraph shall be inserted after paragraph (3A) —
3B
Any amount intended for the maintenance of dependants under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
.
5
Regulation 66A (treatment of student loans) shall be amended as follows —
a
for paragraph (1), there shall be substituted the following paragraphs —
1
A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.
1A
For the purposes of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.
;
b
for paragraph (2) there shall be substituted the following paragraph —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with —
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.
; and
c
in paragraph (5) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”.
6
The following regulation shall be inserted after regulation 66A (treatment of student loans) —
Treatment of payments from access funds
66B
1
This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.
.
7
Regulation 68 (income treated as capital) shall be amended by renumbering that regulation as regulation 68(1) and adding the following paragraphs —
2
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, or which is used for an item other than any council tax or water charges for which that claimant or member is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
.
8
Schedule 1B (prescribed categories of person) shall be amended by substituting for paragraph 12 (deaf students) the following paragraph —
A person who is a full-time student in respect of whom —
a
a supplementary requirement has been determined under paragraph 9 of Part II of Schedule 2 to the Education (Mandatory Awards) Regulations 1999;
b
an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students' Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995 , in respect of expenses incurred;
c
a payment has been made under section 2 of the Education Act 1962 ;
d
a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000, or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or
e
a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 ,
on account of his disability by reason of deafness.
.
9
Paragraph 36 of Schedule 9 shall be amended by inserting after the words “regulation 66A(2) (treatment of student loans)” the words “, regulation 66B(3) (treatment of payments from access funds)”.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
Paragraph (3) of regulation 1 (citation, commencement and interpretation) shall be amended by —
a
substituting for sub-paragraph (b)(i) in the definition of “period of study” the following sub-paragraph —
i
the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
; and
b
substituting for the definition of “sandwich course” the following definition —
“sandwich course has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000 or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, as the case may be;”.
3
For the title “Full-time Students” to Chapter IX of Part VIII there shall be substituted the title “Students”.
4
Regulation 130 (interpretation of Chapter IX of Part VIII — students) shall be amended by inserting in the appropriate place the following definition of “access funds” and substituting for the definition of “grant” the following definition —
“access funds” means —
grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; or
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;
;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
;
5
Regulation 130 (interpretation of Chapter IX of Part VIII — students) shall be further amended by omitting the definition of “student”.
6
Regulation 131 (calculating of grant income) shall be amended as follows —
a
in paragraph (1), for the words “(2), (3) and (3A)” there shall be substituted the words “(2) and (3)”;
b
in paragraph (3) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”;
c
paragraph (3A) shall be omitted;
d
in paragraph (4), for the words “A student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 or otherwise, or intended for an older student under Part IV of that Schedule” there shall be substituted the words “Subject to paragraph (5A), a student’s grant income except for any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999, or intended for an older student under Part IV of that Schedule”; and
e
after paragraph (5), the following paragraph shall be inserted —
5A
Any amount intended for the maintenance of dependants under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
.
7
Regulation 136 (treatment of student loans) shall be amended as follows —
a
for paragraph (1), there shall be substituted the following paragraphs —
1
A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.
1A
For the purposes of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.
;
b
for paragraph (2), there shall be substituted the following paragraph —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with —
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.
; and
c
in paragraph (5) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”.
8
The following regulation shall be inserted after regulation 136 (treatment of student loans) —
Treatment of payments from access funds
136A
1
This regulation applies to payments from access funds that are not payments to which regulation 138(2) or (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which pararaph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 38 of Schedule 7, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 7), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student;
that payment shall be disregarded as income.
.
9
Regulation 138 (income treated as capital) shall be amended by renumbering that regulation as regulation 138(1) and adding the following paragraphs —
2
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 7), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, or which is used for an item other than any council tax or water charges for which that claimant or member is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
.
10
Paragraph 38 of Schedule 7 shall be amended by inserting after the words “regulation 136(2) (treatment of student loans)” the words “, regulation 136A(3) (treatment of payments from access funds)”.
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
Paragraph (1) of regulation 46 (interpretation of Part VII — students) shall be amended by inserting in the appropriate place the following definition of “access funds” and substituting for the definitions of “grant” and “sandwich course” the following definitions —
“access funds” means —
grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980, or
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, for the purpose of assisting students in financial difficulties;
;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
;
“sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, as the case may be;
.
3
Paragraph (1) of regulation 46 (interpretation of Part VII — students) shall be further amended by substituting for sub-paragraph (b)(i) in the definition of “period of study” the following sub-paragraph —
i
in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, the day before the start of the next year of the course, or
.
4
Regulation 48A (full-time students to be treated as not liable to make payments in respect of a dwelling) shall be amended by substituting for sub-paragraph (2)(g) the following sub-paragraph —
g
in respect of whom —
i
a supplementary requirement has been determined under paragraph 9 of Part II of Schedule 2 to the Education (Mandatory Awards) Regulations 1999;
ii
an allowance, or as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students' Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995, in respect of expenses incurred;
iii
a payment has been made under section 2 of the Education Act 1962;
iv
a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000 or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or
v
a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 ,
on account of his disability by reason of deafness.
.
5
In paragraph (1) of regulation 51 (eligible rent) —
a
in sub-paragraph (a), for the sum “£27.10” there shall be susbstituted the sum “£27.75”; and
b
in sub-paragraph (b), for the sum “£18.75” there shall be substituted the sum “£19.20”.
6
Regulation 53 (calculation of grant income) shall be amended as follows —
a
in paragraph (2A) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”;
b
in paragraph (3) before the words “A student’s grant income shall be apportioned” there shall be inserted the words “Subject to paragraphs (3A) and (3B),”;
c
after paragraph (3) the following paragraphs shall be inserted —
3A
Any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 shall be apportioned equally over the period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
3B
Any amount intended for the maintenance of dependants to which neither paragraph (3A) nor regulation 57(2) (other amounts to be disregarded) apply, shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
.
7
Regulation 57 (other amounts to be disregarded) shall be amended by renumbering that regulation as regulation 57(1) and adding the following paragraph —
2
Where a grant for school meals for dependent children or a grant for meals for dependent children aged 3 or 4 is paid pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 that payment shall be disregarded as income.
.
8
Regulation 57A (treatment of student loans) shall be amended as follows —
a
for paragraph (1), there shall be substituted the following paragraphs —
1
A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.
1A
For the purposes of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000
; and
b
for paragraph (2) , there shall be substituted the following paragraph —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with —
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.
; and
c
in paragraph (5) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”.
9
The following regulation shall be inserted after regulation 57A (treatment of student loans) —
Treatment of payments from access funds
57B
1
This regulation applies to payments from access funds that are not payments to which regulation 59(2) or (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 33 of Schedule 4, any payments from access funds which are intended and used for food, household fuel or rent or ordinary clothing or footwear (“rent” and “ordinary clothing or footwear” have the same meaning as in paragraph 13(2) of Schedule 4), of a single claimant or any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.
.
10
Regulation 59 (income treated as capital) shall be amended by renumbering that regulation as regulation 59(1) and adding the following paragraphs —
2
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, household fuel, rent, ordinary clothing or footwear (“rent” and “ordinary clothing or footwear” having the same meanings as in paragraph 13(2) of Schedule 4) of a single claimant or, as the case may be, of the claimant or any other member of his family, or which is used for any council tax or water charges for which that claimant or member is liable, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
.
11
Paragraph 33 of Schedule 4 shall be amended by inserting after the words “regulation 57A(2) (treatment of student loans)”, the words “, regulation 57B(3) (treatment of payments from access funds)”.
Amendment of the Council Tax Benefit (General) Regulations 1992
5
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
Paragraph (1) of regulation 38 (interpretation of Part V — students) shall be amended by inserting in the appropriate place the following definition of “access funds” and substituting for the definitions of “grant” and “sandwich course” the following definitions —
“access funds” means —
grants paid under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or under section 68 of that Act and described as “access bursary funds” or “hardship funds”;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; or
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;
;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, contribution, allowance or bursary but does not include a payment from access funds;
;
“sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000, regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, as the case may be;
.
3
Paragraph (1) of regulation 38 (interpretation of Part V — students) shall be further amended by substituting for sub-paragraph (b)(i) of the definition of “period of study” the following sub-paragraph —
i
in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, the day before the start of the next year of the course, or
.
4
Sub-paragraph (3)(f) of regulation 40 (students who are excluded from entitlement to council tax benefit) shall be amended by substituting the following sub-paragraph —
f
in respect of whom —
i
a supplementary requirement has been determined under paragraph 9 of Part II Schedule 2 to the Education (Mandatory Awards) Regulations 1999;
ii
an allowance, or as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) or regulation 4 of the Students' Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995, in respect of expenses incurred;
iii
a payment has been made under section 2 of the Education Act 1962;
iv
a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000 or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or
v
a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986,
on account of his disability by reason of deafness.
.
5
Regulation 42 (calculation of grant income) shall be amended as follows —
a
in paragraph (3) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”;
b
in paragraph (4) before the words “A student’s grant income shall be apportioned” there shall be inseerted the words “Subject to paragraphs (4A) and (4B),”;
c
after paragraph (4) the following paragraphs shall be inserted —
4A
Any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 shall be apportioned equally over the period of 52 weeks or, if there are 53 benefit weeks including part-weeks in the year, 53.
4B
Any amount intended for the maintenance of dependants to which neither paragraph (3A) nor regulation 46(2) (other amounts to be disregarded) apply, shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
.
6
Regulation 46 (other amounts to be disregarded) shall be amended by renumbering that regulation 46(1) and adding the following paragraph —
2
Where a grant for school meals for dependent children or a grant for meals for dependent children aged 3 or 4 is paid pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 that payment shall be disregarded as income.
7
Regulation 47 (treatment of student loans) shall be amended as follows —
a
for paragraph (1), there shall be substituted the following paragraphs —
1
A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded.
1A
For the purpose of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.
; and
b
for paragraph (2), there shall be substituted the following paragraph —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with —
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and in all cases, from the weekly amount so apportioned there shall be disregarded £10.
; and
c
in paragraph (5) —
i
in sub-paragraph (a), for the sum “£250” there shall be substituted the sum “£255”; and
ii
in sub-paragraph (b), for the sum “£303” there shall be substituted the sum “£311”.
8
The following regulations shall be inserted after regulation 47 (treatment of student loans) —
Treatment of payments from access funds
47A
1
This regulation applies to payments from access funds that are not payments to which regulation 49(2) and (3) (income treated as capital) applies.
2
A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 34 of Schedule 4, any payments from access funds which are intended and used for an item of food, ordinary clothing or footwear (which has the same meaning as in paragraph 13(2) of Schedule 4), household fuel, rent of a single claimant or, as the case may be, of the claimant or any other member of his family and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable, shall be disregarded as income to the extent of £20 per week.
3
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.
.
9
Regulation 49 (income treated as capital) shall be amended by renumbering that regulation as regulation 49(1) and adding the following paragraphs —
2
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 13(2) of Schedule 4), household fuel, rent, or which is used for an item other than any council tax or water charges for which that claimant or member is liable, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.
.
10
Paragraph 34 of Schedule 4 shall be amended by inserting after the words “regulation 47(2) (treatment of student loans)” the words “, regulation 47A(3) (treatment of payments from access funds)”.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
18th July 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 2000 and shall come into force on 3rd July 2000.
Amendment of regulation 21 of the Housing Benefit (General) Regulations
2
In regulation 21 of the Housing Benefit (General) Regulations 1987 (calculation of income on a weekly basis) —
a
in sub-paragraph (c) of paragraph (1) after the words “average weekly income” there shall be inserted the words “or, in a case where the conditions in paragraph (1ZA) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate”; and
b
after paragraph (1) there shall be inserted the following paragraph —
1ZA
The conditions of this paragraph are that —
a
the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (1A) otherwise applies in his case; and
b
that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working families' tax credit or disabled person’s tax credit.
.
Amendment of regulation 13 of the Council Tax Benefit (General) Regulations
3
In regulation 13 of the Council Tax Benefit (General) Regulations 1992 (calculation of income on a weekly basis) —
a
in sub-paragraph (c) of paragraph (1) after the words “average weekly income” there shall be inserted the words “or, in a case where the conditions in paragraph (1ZA) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate”; and
b
after paragraph (1) there shall be inserted the following paragraph —
1ZA
The conditions of this paragraph are that —
a
the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (1A) otherwise applies in his case; and
b
that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working families' tax credit or disabled person’s tax credit.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th June 2000


text:
1
This Order may be cited as the Teacher Training Agency (Additional Functions) (No. 2) Order 2000 and shall come into force on 1st September 2000.
2
1
In this Order —
“authority” means a local education authority;
“graduate teacher” means an unqualified teacher who —
has been granted an authorisation under Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 , or
participates in a training programme referred to in paragraph 9 of Schedule 3 to those Regulations; and
“school which has a delegated budget” means a school which has a delegated budget within the meaning of Part II of the School Standards and Framework Act 1998 .
2
In this Order, a reference to employing a graduate teacher includes engaging a graduate teacher to provide his services as a teacher otherwise than under a contract of employment.
3
In addition to their other functions the Teacher Training Agency may pay grants by way of incentives to encourage the bodies or institutions referred to in article 4 to recruit, employ and secure the provision of training for graduate teachers seeking to become qualified teachers, subject to any terms or conditions which the Agency would be able to impose under section 5 of the Education Act 1994 if the grants were payable under that section.
4
The bodies or institutions are —
a
the governing body of a school maintained by an authority which has a delegated budget;
b
an authority;
c
the governing body of a special school not maintained by an authority; and
d
the person maintaining a city technology college, city college for the technology of the arts or city academy.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
8th August 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2000 and shall come into force on 24th March 2000.
2
These Regulations do not apply to any water or sewerage undertaker whose area is wholly or mainly in Wales.
Amendment of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
2
1
The Water Industry (Charges) (Vulnerable Groups) Regulations 1999 is amended as follows.
2
In regulation 2 (special provision to be included in charges schemes), in paragraph (2)–
a
at the beginning of sub-paragraph (a) insert “the qualifying person ”; and
b
at the beginning of sub-paragraph (b) insert “the qualifying person, or any dependent child of that person under the age of 16 who resides in the premises,”.
3
In regulation 3 (assistance to be provided), in paragraph (1)(b) for “ year” substitute “period”.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
23rd February 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 1) Regulations 2000 and shall come into force on 15th September 2000.
2
These Regulations extend to England and Wales.
Amendment of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
2
In Schedule 3 Part I, paragraph 1, to the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 after the words “Commission Decision 2000/528/ EC ( OJ No. L214, 25.8.00, p.42)” there shall be added the following —
as amended by Commission Decision 2000/542/EC (OJ No. L231, 13.9.00, p.12)
.
Nick Brown
Minister of Agriculture, Fisheries and Food
14th September 2000


text:
Citation and application
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 5) Order 2000.
2
This Order applies in relation to England and to police authorities in Wales.
Provisions coming into force on 19th December 2000
2
Sections 49 to 55, 57 to 67, 75 to 83 and 91 to 93 of, Schedule 4 to, and paragraphs 9 to 11, 14, 28 and 30 to 32 of Schedule 5 to, the Local Government Act 2000 shall come into force on 19th December 2000.
Signed by authority of the Secretary of State, for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
18th December 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (Royal Borough of Kensington and Chelsea) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the royal borough of Kensington and Chelsea specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th May 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Maternity Allowance) (Earnings) Regulations 2000 and shall come into force on 2nd April 2000.
2
In these Regulations–
“certificate of small earnings exception” means a certificate issued pursuant to regulation 24(1) of the Contributions Regulations ;
“the Contributions Regulations” means the Social Security (Contributions) Regulations 1979 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
“test period” means the period of 66 weeks specified in section 35(1)(b) of the Contributions and Benefits Act.
Specified payments for employed earners
2
1
Subject to paragraph (2), for the purposes of section 35A(4)(a) of the Contributions and Benefits Act, the payments specified for a woman who is an employed earner in any week falling within the test period shall be all payments made to her or for her benefit as an employed earner including–
a
any sum payable in respect of arrears of pay in pursuance of an order for reinstatement under section 114 or re-engagement under section 115 of the Employment Rights Act 1996 (orders for reinstatement and re-engagement) ;
b
any sum payable by way of pay in pursuance of an order made under section 129 of the Employment Rights Act 1996 (procedure on hearing of application and making of order) for the continuation of a contract of employment;
c
any sum payable by way of remuneration in pursuance of a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (complaint and protective award) ;
d
any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 151(6) of the Contributions and Benefits Act (employers' liability) ;
e
any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 164(9)(b) of the Contributions and Benefits Act .
2
The payments specified shall not include any sum excluded from the computation of a person’s earnings under regulation 19, 19A or 19B of the Contributions Regulations (payments to be disregarded) .
Specified payments for self-employed earners
3
For the purposes of section 35A(4)(b) of the Contributions and Benefits Act, where a woman is a self-employed earner in any week falling within the test period, the payments treated as made to her or for her benefit shall be–
a
a payment equal to the lower earnings limit in force on the last day of that week where she has paid a Class 2 contribution and she does not hold a certificate of small earnings exception in respect of that week; or
b
a payment equal to the maternity allowance threshold in force on the last day of that week, where she holds a certificate of small earnings exception in respect of that week.
Aggregation of specified payments
4
1
In a case other than one to which regulation 5(2) applies where a woman, either in the same week or in different weeks falling within the test period, is engaged in two or more employments (whether, in each case, as an employed earner or a self-employed earner), any payments which are made, or treated in accordance with these Regulations as made to her or for her benefit shall be aggregated for the purpose of determining the average weekly amount of specified payments applicable in her case.
2
In a case to which regulation 5(2) applies, any payments which are made or treated in accordance with these Regulations as made, to her or for her benefit shall not be aggregated for the purpose of determining the average weekly amount of specified payments applicable in her case.
The specified period
5
1
The specified period for the purposes of section 35A(4) and (5) of the Contributions and Benefits Act shall, subject to paragraph (2) below, be the period of 13 consecutive weeks falling within the test period in respect of which a woman’s average weekly earnings determined in accordance with these Regulations are greatest.
2
Where a woman’s entitlement to maternity allowance would not otherwise equal the appropriate weekly rate specified in section 35A(2) of the Contributions and Benefits Act, and the payments made or treated in accordance with these Regulations as made to her or for her benefit are equal to or greater than the lower earnings limit in force on the last day of the week in 13 or more weeks (whether consecutive or not) falling within the test period, the specified period shall be the test period.
3
Where a woman is normally paid other than weekly, the payments made to her or for her benefit for the purposes of paragraph (2) shall be calculated by dividing the payments made to her in any week by the nearest whole number of weeks in the period in respect of which she is paid.
Determination of average weekly amount of specified payments
6
1
For the purposes of section 35A(4) of the Contributions and Benefits Act, a woman’s average weekly amount of specified payments shall, subject to paragraph (2) of this regulation, be determined–
a
in a case to which regulation 5(1) applies, by dividing by 13 the payments made or treated as made in accordance with these Regulations which fall within the specified period; or
b
in a case to which regulation 5(2) applies, by dividing by 13 the payments made or treated as made in accordance with these Regulations in the first 13 such weeks which fall within the specified period.
2
In any case where a woman receives a back-dated pay increase after the end of the period specified in regulation 5 above which includes a sum in respect of any week falling within that period, her average weekly amount of specified payments shall be determined as if such sum had been paid in that week.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
9th March 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Shepway) Order 2000 and shall come into force on 3rd April 2000.
Interpretation
2
In this Order–
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Shepway with the exception of the following roads:
a
the M20 Motorway for its whole length in the District including all its on and off slip roads;
b
the A20 trunk road for its whole length in the District including all its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as–
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2000 and subject to paragraph (2) shall come into force on the second day after the day on which it is made.
2
Article 2 of this Order shall come into force on the day after the day on which it is made.
3
In this Order–
“the 1998 Act ” means the Scotland Act 1998; and
“the principal Order ” means the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 .
4
In this Order, any word or expression used in referring to any enactment and which is also used in the enactment has the same meaning as it has in the enactment.
Functions to be treated as exercisable in or as regards Scotland
2
The function of the Secretary of State under section 15(3) of the Tax Credits Act 1999 (accrediting organisations for the purpose of a scheme under section 15) is to be treated as exercisable in or as regards Scotland for the purposes of section 63 of the 1998 Act but only in so far as accreditation is for the purpose of the application of a scheme in relation to child care providers in Scotland.
Transfer of functions to the Scottish Ministers
3
The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule to this Order shall–
a
so far as they are exercisable by him in or as regards Scotland; and
b
subject to any restriction in the corresponding entry in column 2 of the Schedule,
be exercisable by the Scottish Ministers instead of by the Minister of the Crown.
Functions shared by the Scottish Ministers and a Minister of the Crown
4
1
Subject to the restriction specified in the following paragraph, the functions of the Secretary of State under section 60(5)(c)(i) of the Welfare Reform and Pensions Act 1999 shall, so far as they are exercisable by him in or as regards Scotland, be exercisable by the Scottish Ministers concurrently with the Secretary of State.
2
The functions are so exercisable only so far as the Scottish Ministers consider that the facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within section 60(5)(a) or (b) of that Act are capable of supporting training of persons for employment.
Functions exercisable with agreement of the Scottish Ministers
5
1
The function of the Secretary of State under paragraph 2(1), as read with paragraph 2(1A), of Schedule 1 to the Disability Rights Commission Act 1999 shall, so far as it is exercisable by him in or as regards Scotland, be exercisable by him only with the agreement of the Scottish Ministers.
2
The function of the Secretary of State under section 15 of the Tax Credits Act 1999 to make regulations shall, so far as it is exercisable by him in or as regards Scotland, be exercisable by him only with the agreement of the Scottish Ministers.
Modification of principal Order
6
1
The principal Order shall be amended as follows.
2
In Schedule 1, the reference to “The Merchant Shipping (Formal Investigations) Rules 1985 ( S.I. 1985/1001 ), rule 4(1)”, together with the corresponding entry in column 2 of the Schedule, is omitted.
General modification of enactments etc.
7
1
Sections 117 and 118 of the 1998 Act shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 3 or 4 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.
2
Sections 119 to 121 of the 1998 Act shall apply in relation to functions exercisable by the Scottish Ministers by virtue of those articles as they apply in relation to functions of the Scottish Ministers exercisable within devolved competence.
3
In the application of those sections by virtue of this article, any reference in them to a pre commencement enactment is to be read as if it were a reference to any enactment.
4
Any reference in any enactment or prerogative instrument or in any other instrument or document–
a
to government departments; or
b
to, or to any part or officer of, any government department,
(however described) is to be read, so far as the effect of this Order makes it necessary or expedient to do so, as including or being a reference to, or to any corresponding part or member of the staff of, the Scottish Administration.
Nurses, Midwives and Health Visitors Act 1997
8
1
Section 18 of the Nurses, Midwives and Health Visitors Act 1997 (accounts of Council and Boards) is amended as follows.
2
After subsection (7) there is inserted–
8
Subsections (2) to (5) and (7) do not apply in relation to the National Board for Scotland and instead–
a
that Board shall send its statement of accounts prepared under subsection (1)(b) to the Scottish Ministers by such time as they may direct;
b
the Scottish Ministers shall send the statement of accounts to the Auditor General for Scotland for auditing; and
c
the Scottish Ministers shall lay before the Scottish Parliament copies of the report submitted by that Board under subsection (6).
Transitional and saving provision
9
1
The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown before the date on which the transfer takes effect.
2
Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.
3
Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.
4
Despite the transfer to the Scottish Ministers of functions by virtue of this Order, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972 .
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
This Order may be cited as the Bro Morgannwg National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 7th April 2000.
2
This Order applies to Wales only.
Amendment of establishment order
2
For article 3 of the Bro Morgannwg National Health Service Trust (Establishment) Order 1998 there shall be substituted the following article:–
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
Subject to paragraph (3), the trust’s functions shall be to provide goods and services (including hospital accommodation and community health services) for the purposes of the health service at or from the following hospitals, establishments and facilities –
a
Princess of Wales Hospital, Coity Road, Bridgend CF31 1RQ,
b
Neath General Hospital, Neath SA11 2LQ,
c
A hospital at Baglan Way, Port Talbot
and at or from any associated hospitals, establishments or facilities.
3
The trust’s functions under paragraph (2)(b) shall cease to be exercisable upon the completion of the transfer of all services from Neath General Hospital to the hospital mentioned in paragraph (2)(c) and the closure of Neath General Hospital.
.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis Thomas
The Presiding Officer of the National Assembly
5th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maidstone and Tunbridge Wells National Health Service Trust (Establishment) Order 2000 and shall come into force on 14th February 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 14th February 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Maidstone and Tunbridge Wells National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Maidstone and Tunbridge Wells National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services (including hospital accommodation and community health services) for the purposes of the health service at or from the following hospitals, establishments and facilities —
a
Maidstone Hospital, Hermitage Lane, Maidstone, Kent ME16 9QQ,
b
Pembury Hospital, Tonbridge Road, Tunbridge Wells, Kent TN2 4QJ,
c
Kent & Sussex Hospital, Mount Ephraim, Tunbridge Wells, Kent TN2 4AT,
and at or from any associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
West Kent Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust fo rthe purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by the authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harlow Primary Care Trust (Establishment) Order 2000 and shall come into force on 21st October 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” has 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 Harlow 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 Harlow Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North Essex 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 member of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Essex 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 Essex and Herts Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th October 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 and shall come into force on 22nd August 2000.
2
These Regulations shall have effect in relation to policies or contracts made by an insurance company on or after 22nd August 2000.
Interpretation
2
1
In these Regulations —
“beneficiary” means any person who is, or will or may become, entitled to any benefit under a trust, including —
any person who may become so entitled on the exercise of a discretion; and
a settlor who has an interest in the trust property for the purpose of section 660A ;
“the Board” means the Commissioners of Inland Revenue;
“charity” means a person or body of persons established for charitable purposes only;
“collective investment scheme” has the meaning given by section 75 of the Financial Services Act 1986 ;
“discretionary trust” means any trust under which —
the income arising to the trustees is to be accumulated and no person other than the trustees is entitled to that income before it is distributed; or
the beneficiaries may become entitled to a benefit on the exercise of a discretion (whether or not the trustees have power to accumulate income) and no person is entitled to any benefit before the exercise of that discretion;
“holding company” means a company whose assets all, or all but an insignificant part, consist of shares in companies which, for the purposes of the Tax Acts, are deemed to be its 51 per cent. subsidiaries by virtue of section 838;
“investment company” means any company whose business consists wholly or mainly in the making of investments and the principal part of whose income is derived therefrom, but excludes any holding company or collective investment scheme;
“relevant former employees” means —
former employees of a policy holder or annuitant; or
former employees of a person connected with a policy holder or annuitant; or
former employees in respect of whose employment there is established a superannuation fund to which section 615(3) applies; and, for the purpose of paragraph (b), whether a person is connected with a policy holder or annuitant shall be determined in accordance with section 839;
“relevant overseas employees” means persons who are not residing in the United Kingdom and are —
employees of a policy holder or annuitant; or
employees of a person connected with a policy holder or annuitant; or
employees in respect of whose employment there is established a superannuation fund to which section 615(3) applies; and, for the purpose of paragraph (b), whether a person is connected with a policy holder or annuitant shall be determined in accordance with section 839 ;
“settlor” means the person, or each of the persons, by whom the trust was directly or indirectly created, and for this purpose a person shall, in particular, be regarded as having created a trust if he provided or undertook to provide funds directly or indirectly for the purposes of the trust, or made with any other person a reciprocal arrangement for that other person to create the trust;
“term assurance business” means life assurance business in relation to which the policy or contract, or the underlying policy, is one which —
is for a specified term; and
is not capable of acquiring a surrender value that exceeds the amount of premiums paid.
2
In these Regulations any reference to a particular provision, without more, is a reference to that provision of the Income and Corporation Taxes Act 1988.
Life assurance business excluded from section 431D
3
1
Subject to paragraph (2), life assurance business is excluded from section 431D (meaning of “overseas life assurance business”) if it is of a description that does not fall within any of the circumstances set out in regulations 4 to 7.
2
Where a policy or contract for business is owned by two or more policy holders or annuitants who do not hold the policy or contract as trustees of the same trust, the business is excluded from section 431D where, if any of the policy holders or annuitants were the only policy holder or annuitant, paragraph (1) would exclude it from that section.
Circumstances where business not excluded from section 431D
4
The circumstances set out in this regulation are where —
a
the business is with a policy holder or annuitant who —
i
is not a company, or
ii
is a company which holds the policy or contract for the business in a fiduciary or representative capacity;
b
the rights conferred by the policy or contract for the business are not held subject to a trust; and
c
not less than 65 per cent. of any benefit under the policy or contract for the business is payable to —
i
persons residing outside the United Kingdom; and
ii
charities.
5
1
The circumstances set out in this paragraph are where —
a
the rights conferred by the policy or contract for the business are held subject to a trust;
b
in the case of a discretionary trust, each beneficiary is either an individual not residing in the United Kingdom or a charity; and
c
in the case of a non-discretionary trust, beneficiaries who are —
i
not residing in the United Kingdom, or
ii
charities,
have an interest in not less than 65 per cent. of the capital of the trust;
2
For the purposes of paragraph (1)(b), an individual who, as a trustee of any trust, is a beneficiary under the trust referred to in paragraph (1)(a) shall not be regarded as an individual.
6
1
The circumstances set out in this paragraph are where —
a
the business is with a policy holder or annuitant which —
i
is a company, and
ii
does not hold the policy or contract for the business in a fiduciary or representative capacity;
b
in a case where the company is an investment company which is not controlled, or is not treated as controlled, by the trustees of any trust, the company is not controlled, or is not treated as controlled, by persons residing in the United Kingdom; and
c
in a case where the company is an investment company which is controlled, or is treated as controlled, by the trustees of any trust, the business would, if the trustees were the policy holders or the annuitants, be of a description falling within the circumstances set out in regulation 5.
2
For the purposes of paragraph (1)(b), whether a company is not controlled, or is not treated as controlled, by persons residing in the United Kingdom shall be determined in accordance with section 416 but as if in subsection (6) of that section the words “five or fewer participators” read “ persons residing in the United Kingdom”.
3
For the purposes of paragraph (1)(c), whether a company is controlled, or is treated as controlled, by the trustees of any trust shall be determined in accordance with section 416 but as if in subsection (6) of that section the words “five or fewer participators” read “the trustees of any trust ”.
7
The circumstances set out in this regulation are where —
a
the business is term assurance business; or
b
the policy or contract for the business is held for the purposes of, or in connection with, a scheme where the Board —
i
have approved schemes of the same class or description for the purposes of the Income Tax (Pension Funds Pooling Schemes) Regulations 1996 ; or
ii
have been satisfied that schemes of the same class or description are such as are mentioned in section 596(2)(b); or
c
the policy or contract for the business is held solely to provide benefits for or in respect of —
i
persons all, or all but an insignificant number, of whom are relevant overseas employees or relevant former employees, or
ii
spouses, widows, widowers, children or dependants of such persons.
Trustees residing in the United Kingdom
8
1
A trustee who is a policy holder or annuitant residing in the United Kingdom shall be treated for the purposes of section 431D as not so residing where the policy or contract for the business is held for the purposes set out in regulation 7(b) or (c).
2
Nothing in Chapter II of Part XIII of the Income and Corporation Taxes Act 1988 shall apply to a policy or contract which —
a
constitutes overseas life assurance business by virtue of paragraph (1), and
b
is held for the purposes set out in regulation 7(b).
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
1st August 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Integrated Administration and Control System (Amendment) Regulations 2000, and shall come into force on 16th October 2000.
2
These Regulations shall apply throughout the United Kingdom.
Amendment of principal Regulations
2
The Integrated Administration and Control Systems Regulations 1993 shall be amended in accordance with regulations 3 to 6 of these Regulations.
3
For regulations 2 (interpretation) and 2A (date by which area aid applications must be made) there shall be substituted the following regulations —
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural parcel” has the same meaning as in Article 1(4) of Council Regulation 3508/92;
“area aid application” means the form of application that is made available to farmers by the competent authority, for the purposes of Article 6 of Council Regulation 3508/92 and of Article 4 of Commission Regulation 3887/92, for the IACS year in question;
“authorised person” means any person (whether or not an officer of that authority) who is authorised by the competent authority, either generally or specially, to act in matters arising under these Regulations in respect of holdings in relation to which that authority is the competent authority for the IACS year in question;
“Commission Regulation 3887/92” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“Commission Regulation 2700/93” means Commission Regulation (EEC) No. 2700/93 on detailed rules for the application of the premium in favour of sheepmeat and goatmeat producers ;
“Commission Regulation 2316/1999” means Commission Regulation ( EC ) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops ;
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal ;
“Council Regulation 1323/90” means Council Regulation (EEC) No. 1323/90 instituting specific aid for sheep and goat farming in certain less-favoured areas of the Community ;
“Council Regulation 2328/91” means Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of arable crops ;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“Council Regulation 1577/96” means Council Regulation (EC) No. 1577/96 introducing a specific measure in respect of certain grain legumes ;
“Council Regulation 950/97” means Council Regulation (EC) No. 950/97 on improving the efficiency of agricultural structures ;
“Council Regulation 2467/98” means Council Regulation (EC) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 1251/1999” means Council Regulation (EC) No. 1251/1999 establising a support system for producers of certain arable crops ;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development ;
“farmer” has the same meaning as in Article 1(4) of Council Regulation 3508/92;
“field identification check” means any verification, inspection, investigation or other operation made by the competent authority, after an application has been made to it by a farmer for —
in England, Wales or Northern Ireland, the allocation (for the purposes of area aid applications to be made by him) of a new identification number in respect of any field of his, or
in Scotland, the updating (for the purposes of area aid applications to be made by him) of any field identification number or field boundary, for the purposes of assessing the completeness and accuracy of the information given in that application;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“holding” has the meaning it has in Council Regulation 3508/92;
“IACS year” means a period of 12 months commencing on 16th May;
“livestock application” means an application for one of the direct payments provided for in Chapter 1 of Title I of Council Regulation 1254/1999 or for the premium in respect of sheep under Article 5 of Council Regulation 2467/98;
“relevant application” means an area aid application or a specific declaration within the meaning of Article 1a(1)(b) of Commission Regulation 2700/93;
“the relevant date”, in relation to a relevant application, means the date on which the relevant application is submitted;
“specified control measure” means any check, test, verification, inspection, investigation, control or other operation in relation to land which a member State is required to carry out under Council Regulation 3508/92 or Title IV of Commission Regulation 3887/92;
“specified payment” means any one or more of —
an area payment under Article 2 of Council Regulation 1251/1999 or Article 2 of Council Regulation 1765/92;
the direct payments provided for in Chapter 1 of Title I of Council Regulation 1254/1999 or in Articles 4b, 4c, 4d and 4h of Council Regulation 805/68;
the premium in respect of sheep under Article 5 of Council Regulation 2467/98;
the compensatory allowance under Article 17 of Council Regulation 2328/91 or Article 17 of Council Regulation 950/97 or (in the calendar year 2000) under Article 14 of Council Regulation 1257/1999;
the specific aid under Article 1 of Council Regulation 1323/90 as read with Article 1a of Commission Regulation 2700/93;
the grain legume aid under Articles 1, 2 and 3 of Council Regulation 1577/96; or
the special aid for durum wheat production under Article 5 of Council Regulation 1251/1999; and
“territory” means England, Scotland, Wales or Northern Ireland, as the case may be.
2
In these Regulations, a reference to any European Community Regulation shall include any amendments to it before the making of the Integrated Administration and Control System (Amendment) Regulations 2000.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Definition of competent authority
2A
1
In these Regulations —
a
“competent authority” in relation to a holding means —
i
the authority responsible for determining a relevant application submitted in respect of the holding; and
ii
any authority responsible for determining livestock applications in respect of animals kept on the holding submitted during any IACS year for which no relevant application is submitted; and
b
the “relevant competent authority” in relation to a holding means the competent authority responsible for determining the particular relevant application or livestock application in question.
2
The relevant competent authority in relation to a holding shall remain the competent authority in relation to the particular relevant application or livestock application in question notwithstanding the expiry of the IACS year in respect of which, or during which, it was submitted.
3
In so far as is material for the purposes of the cancellation of specified payments required to be made by Articles 9(3)(b) and 10e(1) (second sentence) of that Regulation (penalties applicable for a period of 24 months), as they relate to a relevant application or livestock application, regard shall be had to any findings made in the course of carrying out any specified control measure in relation to a relevant application or livestock application submitted in respect of the holding in question in the preceding IACS year, being findings of the authority which is the relevant competent authority for the purposes of that relevant application or livestock application.
4
In so far as is material for the purposes of the reductions in specified payments required to be made by Articles 10c(2) and 10d (second paragraph) of Commission Regulation 3887/92 (penalties applicable following at least two checks in 24 months) and in connection with any specified control measure carried out by a competent authority in relation to a holding, regard shall be had to any findings made in the course of carrying out any previous specified control measure carried out by any other competent authority in relation to that holding in the preceding 24 months.
5
The competent authorities are —
a
in England, the Minister of Agriculture, Fisheries and Food;
b
in Scotland, the Scottish Ministers;
c
in Wales, the National Assembly for Wales; and
d
in Northern Ireland, the Department of Agriculture and Rural Development.
Competent authority for the IACS year 2000
2B
1
This regulation applies to all holdings, whether situated entirely in one territory or in two or more territories.
2
Where a relevant application has been submitted in respect of a holding for the IACS year commencing on 16th May 2000, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority to which that relevant application was submitted.
3
Where no relevant application was submitted in respect of a holding for the IACS year commencing on 16th May 2000, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority to which was submitted the livestock application in respect of animals kept on the holding submitted last before 16th October 2000.
4
Where no relevant application was submitted in respect of a holding for the IACS year commencing on 16th May 2000 and no livestock application in respect of animals kept on the holding was submitted to a competent authority listed in regulation 2A(5) before 16th October 2000, the relevant competent authority in relation to that holding for the IACS year commencing on 16th May 2000 shall be determined in accordance with regulation 2C(3) or (4), as the case may be.
Competent authorities for the IACS year 2001 and subsequent IACS years: general rules
2C
1
This regulation and regulation 2D apply to the IACS year commencing 16th May 2001 and subsequent IACS years.
2
Where a relevant application is submitted in respect of a holding for an IACS year referred to in paragraph (1), and the holding is situated entirely in one territory at the relevant date, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority in that territory.
3
Where no relevant application is submitted in respect of a holding for an IACS year, and the holding is situated entirely in one territory at the commencement of that IACS year, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority in that territory.
4
Subject to regulation 2D, where a holding is situated at the relevant date, or at the commencement of the IACS year, as the case may be, in two or more territories, the relevant competent authority in relation to that holding for that IACS year shall be the competent authority in the territory in which the greater, or greatest, part of the holding is then situated.
5
Where a person submitting a relevant application has indicated in accordance with regulation 2D(4)(b) that he wishes the provisions of paragraph (4) to apply to the holding, this regulation shall apply to the holding for the purposes of each relevant application or livestock application submitted in a subsequent IACS year.
Competent authorities for the IACS year 2001 and subsequent IACS years: special rules where “reference application” submitted
2D
1
In this regulation “reference application” means the last relevant application submitted in respect of a holding before 16th October 2000.
2
this regulation applies where —
a
a holding is situated in two or more territories, either at the relevant date (where a relevant application is submitted in respect of the holding for an IACS year), or at the commencement of an IACS year (where no relevant application is submitted in respect of the holding for that IACS year); and
b
a reference application was submitted to the competent authority in one of those territories; but
c
that territory is not the territory in which the greater, or greatest, part of the holding is situated at the relevant date or at the commencement of the IACS year, as the case may be.
3
Subject to paragraph (4), the relevant competent authority for that IACS year in relation to a holding to which this regulation applies shall be the competent authority to which the reference application was submitted.
4
Paragraph (3) shall cease to apply to a holding if —
a
the holding no longer includes, at the relevant date or at the commencement of the IACS year, as the case may be, land in the territory referred to in paragraph (2)(b); or
b
a person submitting a relevant application in respect of the holding states or otherwise indicates in it that he wishes the provisions of regulation 2C(4) to apply to the holding.
Date by which area aid applications must be made
2E
For the purposes of Article 6(2) of Council Regulation 3508/92, and subject to Article 8 of Commission Regulation 3887/92, the last day on which an area aid application for any IACS year may be submitted to the competent authority shall be the 15th May, immediately preceding the commencement of that IACS year.
.
4
In regulation 4 (minimum size of agricultural parcel) —
a
for paragraph (a) there shall be substituted —
a
where that agricultural parcel consists of land set aside pursuant either to the obligation to set land aside set out in Article 6(1) of Council Regulation 1251/1999, or to the option to set aside land set out in Article 6(5) of that Regulation, the size of the minimum area of land permitted to be set aside under Article 19 of Commission Regulation 2316/1999;
;
b
in paragraph (b) for “Arable Area Payments Regulations 1994” there shall be substituted “Area Arable Payments Regulations 1996” .
5
In regulation 5 (designation of authority to co-ordinate checks under Council Regulation 3508/92), for the words “Minister of Agriculture, Fisheries and Food” there shall be susbstituted the words “relevant competent authority”, and at the end there shall be inserted “in respect of any holdings in relation to which it is the relevant competent authority”.
6
Regulation 6A shall be deleted.
7
After regulation 8 there shall be inserted the following regulations:
Agency Arrangements
9
1
A competent authority may, with the agreement of any other competent authority or competent authorities in question, arrange for any of its IACS functions to be exercised on its behalf by that other competent authority or competent authorities.
2
Such an arrangement shall be in writing and be signed by or on behalf of the competent authorities concerned and such arrangement may be subject to such conditions (including conditions as to the costs and charge for costs) as may be agreed.
3
In this regulation “IACS functions” means any of the functions of the competent authority in question in relation to any Community scheme within the meaning of Article 1 of Council Regulation 3508/92.
Set-off
10
Without prejudice to the amount of any sum payable by a competent authority to any other competent authority, the amount of any sum payable by a competent authority, whether as principal or agent, by way of a specified payment may be set-off against the amount of any sum recoverable by that competent authority, whether as principal or as agent.
.
Amendment of scheme Regulations
8
In each instrument specified in the Schedule —
a
the definition in regulation 2 of “the competent authority”, “the appropriate Minister” or “the Minister” (as the case may be) shall be deleted; and
b
references to any of those expressions wherever they occur shall be construed as referring to “the relevant competent authority” within the meaning of the Integrated Administration and Control System Regulations 1993, in so far as that expression is applicable in relation to any territory to which the specified instrument in question extends.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
21st September 2000
Brian Wilson
Secretary of State, Scotland Office
21st September 2000