text:
Citation and commencement
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) Regulations 2000 and shall come into force on 21st August 2000.
Interpretation
2
1
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“academic year” means the period from 1st September in one year to 31st August in the next year, except that where the first term of an institution to begin after July begins before 1st September, the academic year is the period beginning at the start of that term and ending immediately before the start of the first such term in the following year;
“advanced education” and “full-time education” have the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976 ;
“education maintenance allowance learning agreement” has the meaning given in regulation 7;
“ GCSE ” means a General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“ NVQ ” means a National Vocational Qualification;
“parent” —
in regulation 5 and 6(1)(c) means the mother or father of the student (including the mother or father by adoption) but not any other person with parental responsibility for the student, and
elsewhere in these regulations has the same meaning as in section 576 of the Education Act 1996;
“period of eligibility” in relation to a student means the period beginning at the end of the student’s final school year and ending after —
4 academic years, where the student had a statement of special educational needs made under section 324 of the Education Act 1996 during the school year in which he ceased to be of compulsory school age or where the student is a vulnerable student, or
3 academic years in any other case;
“relevant area” means —
the area of the relevant authorities except East Lancashire,
in East Lancashire the following wards: Burnley, Hyndburn, Pendle, Ribble Valley and Rossendale;
“relevant authority” means a local education authority specified in the Schedule ;
“relevant educational establishment” means —
a school maintained by a local education authority,
an independent school within the meaning of section 463 of the Education Act 1996 other than one whose registration under section 465 of that Act is provisional only,
an institution within the further education sector, or
any other educational institution which the local education authority considers appropriate;
“relevant period” in relation to the payment of any allowance in respect of a student means the period starting on 30th June immediately before the start of the academic year in respect of which the allowance is paid and ending at the start of that academic year;
“vulnerable student” means a student who was ordinarily resident for a period of three consecutive months ending during the relevant period in Cornwall, Nottingham, Stoke on Trent or Walsall and,
is, at any time during the relevant period or the period of eligibility which applies to that student, in the opinion of the local authority estranged from his parents,
had a statement of special educational needs made under section 324 of the Education Act 1996 during the student’s final school year, or has a disability within the meaning of section 1 of the Disability Discrimination Act 1995 ,
has at any time been a looked after student since reaching the age of 11,
has at any time been permanently excluded from school while undergoing secondary education,
has at any time been identified by the youth offending team established under section 39 of the Crime and Disorder Act 1998 for the area as needing additional educational support,
has not, by the end of the student’s final school year, achieved NVQ level 1, GNVQ level 1 or any GCSE passes or obtained any qualifications of a higher standard,
is a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child,
has at any time been in receipt of invalid care allowance in accordance with section 70 of the 1992 Act,
has at any time participated in the provision known as Life Skills forming part of the programme known as the Learning Gateway;
“week” means a period of 7 days beginning with a Monday.
2
For the purposes of these Regulations a student is a looked after student if he is looked after by a relevant authority and in this paragraph “looked after” shall be construed in accordance with section 22 of the Children Act 1989 .
3
For the purposes of these Regulations a student is an independent student if the student is —
a
in the opinion of the Local Education Authority estranged from his parents;
b
a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child; or
c
aged 19.
4
Any reference in these Regulations to a person responsible for a pupil shall be construed in accordance with section 143 of the 1992 Act.
5
Any reference in these Regulations to a student being educated otherwise than at an institution is a reference to a student being so educated under arrangements made by a relevant authority under section 19 of the Education Act 1996.
6
Any reference in these Regulations to the student’s final school year is a reference to —
a
the school year in which the student was in a class in which the majority of the students reached the age of 16, where the student attended school; or
b
the academic year in which the student reached the age of 16 where the student did not attend school.
Payment of education maintenance allowance
3
1
Subject to the provisions of these Regulations a relevant authority may pay any of the allowances specified in regulation 8, 9, 10 or 11 in respect of any student over compulsory school age if —
a
the condition specified in regulation 4 which is applicable to the student in question is satisfied;
b
the condition specified in regulation 5 is satisfied, unless the student is one in respect of whom the condition specified in regulation 4 is satisfied by virtue of the student being a looked after student; and
c
such of the conditions specified in regulation 6 as are applicable to the student in question are satisfied.
2
Nothing in regulation 4 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 shall apply in relation to the payment of any of the allowances specified in regulation 8, 9, 10 or 11.
Residence condition
4
The condition specified in this paragraph is —
a
where the relevant area is the area of an authority specified in Part I of the Schedule and the relevant period is the period immediately before the academic year 2000/2001 —
i
unless sub-paragraph (ii) or (iii) applies, that a person responsible for the student was ordinarily resident in such a relevant area on any date during that relevant period and that child benefit was paid to that person under Part IX of the 1992 Act for the week in which that date falls,
ii
where the student was an independent student, that the student was ordinarily resident in such a relevant area on any date during that relevant period, or
iii
that the student was a looked after student at any time during that relevant period; and
b
in any other case —
i
unless sub-paragraph (ii) or (iii) applies, that a person responsible for the student was ordinarily resident in a relevant area for a period of three consecutive months ending during the relevant period and that child benefit was paid to that person under Part IX of the 1992 Act for at least one week during that period,
ii
where the student was an independent student, that the student was ordinarily resident in a relevant area for a period of three consecutive months ending during the relevant period, or
iii
that the student was a looked after student for a period of three consecutive months ending during the relevant period.
Income condition
5
1
The condition specified in this regulation is, subject to paragraph (6), —
a
if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
b
if paragraph (3) applies, that the income of the student’s parent with whom the student normally resides did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
c
if paragraph (4) applies that the income of whichever of the student’s parents as the authority determine did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount; and
d
if paragraph (5) applies, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.
2
This paragraph applies where —
a
the student’s parents live together as husband and wife (whether or not they are married to each other) and paragraph (5) does not apply; or
b
the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and neither paragraph (3) nor paragraph (5) applies.
3
This paragraph applies where the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and either —
a
the income of the other parent cannot reasonably practicably be ascertained or verified, or
b
the income of the parent with whom the student normally resides does not include a maintenance payment.
4
This paragraph applies where the student’s parents do not live together as husband and wife, and the student does not normally reside with either of his parents but paragraph (5) does not apply.
5
This paragraph applies where the student is an independent student.
6
Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph 1(a), (b), (c) or (d) (as appropriate to the student in question) is likely, during the tax year following that referred to in paragraph (1) —
a
not to exceed the relevant amount; and
b
to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),
the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.
7
For the purposes of this regulation the income of a person is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988 .
8
In this regulation —
“maintenance payment” means a periodical payment (not including an instalment of a lump sum) which —
is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 or under a separation agreement; and
is made by:
one of the parties to a marriage (including a marriage which has been dissolved and annulled) to or for the benefit and for the maintenance of the other party, or
one of the parents of the student to or for the benefit, and for the maintenance or education of the student.
is due at a time when —
as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the said parties are not living together as husband and wife, or
as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) the parent making the payment does not reside in the same household as the student; and
“the relevant amount” means
£20,000, where the relevant authority is Barking and Dagenham, Brent, Camden, Ealing, Greenwich, Hackney, Halton, Hammersmith and Fulham, Haringey, Hartlepool, Islington, Kingston upon Hull, Lambeth, Lewisham, Newham, Salford, Sandwell, Southwark, Tower Hamlets, Waltham Forest, and Wandsworth,
£25,000, where the relevant authority is St. Helens, Wirral, Bradford, and Barnsley,
£30,000 in any other case.
Other Conditions
6
1
The conditions specified in this regulation are —
a
that —
i
where the relevant area is the area of an authority specified in Part I of the Schedule, the student’s final school year was the 1998/1999 or 1999/2000 school year, if the student attended school, or the 1998/1999 or 1999/2000 academic year if he did not attend school,
ii
where the relevant authority is specified in Part II of the Schedule, the student’s final school year was the 1999/2000 school year if the student attended school or the 1999/2000 academic year if he did not attend school;
b
that regulation 6(1)(b) of the Education Maintenance Allowance (Pilot Areas) Regulations 1999 (signature of education maintenance allowance learning agreement) was complied with before 21st August 2000 or that —
i
a parent of the student and the student have signed an education maintenance allowance learning agreement, unless the student is an independent student or a looked after student when he starts to attend the institution,
ii
a person nominated by the relevant authority and the student have signed an education maintenance allowance learning agreement, if the student is a looked after student when he starts to attend the institution, or
iii
the student has signed an education maintenance allowance learning agreement if the student is an independent student,
in each case relating to the student and to the institution which the student attends (or, if the student attends more than one institution, relating to each institution which the student attends) and that the education maintenance allowance learning agreement has in each case also been signed on behalf of the institution (or, as the case may be, each institution); and
c
that the student and the student’s parents provide the relevant authority with such information and make such declarations as the authority may reasonably require.
2
Where a student is to be educated otherwise than at a relevant educational establishment paragraph (1)(b) shall have effect as if —
a
references to attending the institution had effect as references to being educated otherwise than at an institution;
b
the reference to the institution which the pupil attends had effect as a reference to the education which the student is to be provided with; and
c
the reference to the education maintenance allowance learning agreement being signed on behalf of the institution was a reference to such agreement being signed on behalf of the local education authority.
Meaning of education maintenance allowance learning agreement
7
1
For the purposes of these Regulations an education maintenance allowance learning agreement is a document —
a
specifying responsibilities which the institution intends to discharge in connection with the education of the student in question;
b
specifying, unless the student is an independent student, the responsibilities which the parents of the student are expected to discharge in connection with the education of the student in question; and
c
specifying or providing for the specification of the institution’s expectations of the student, that is to say the expectations of the institution as regards —
i
attendance,
ii
the completion of tasks assigned to the student,
iii
the conduct of the student,
iv
any other appropriate matter; and
d
which states the effect of regulations 8, 9, 10 or 11.
2
Where a student is to be educated other than at an institution paragraph (1) shall have effect as if —
a
for “the institution” there were substituted “the local education authority”; and
b
sub-paragraph (c)(i) were omitted.
Weekly allowance
8
1
Except as provided in paragraph (7) and subject to paragraphs (2) and (3) an allowance (“a weekly allowance”) may be paid in respect of each week during which the student —
a
is in full-time education at a relevant educational establishment for the purpose of being provided with education which is not advanced education;
b
is being educated otherwise than at such an establishment, is being provided with education which is not advanced education and, in the opinion of the relevant authority in question, is in full-time education; or
c
is undertaking unsupervised study for the purposes of preparation for an examination which he is entering in connection with the education referred to in sub-paragraph (a) or (b).
2
A weekly allowance shall only be paid in respect of a week any weekday of which falls outside the term of the institution which the student attends if the student has during that week spent at least 12 hours in connection with the course which he is pursuing —
a
receiving instruction or tuition,
b
undertaking unsupervised study or practical work, or
c
taking part in any exercise, experiment or project for which provision is made in the curriculum of the course which the student is pursuing, and for the purpose of this paragraph no account shall be taken of time occupied by meal breaks or time spent on unsupervised study whether undertaken on or off the premises of the institution.
3
In paragraph (2) above “weekday” means any day other than a Saturday or Sunday.
4
No weekly allowance shall be paid —
a
in respect of any week if the institution has notified the relevant authority that in their opinion the student has without good reason failed to do everything that is expected of him in accordance with the education maintenance allowance learning agreement and, where the relevant authority is Coventry or Kingston upon Hull, if the institution has notified the relevant authority to this effect on at least one previous occasion during the term in question;
b
in respect of any week which starts after the end of the period of eligibility;
c
in a case where regulation 5(6) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, in respect of any week in a term before the term following the date on which the relevant authority so determine;
d
if payment of a weekly allowance has already been made in respect of the relevant number of terms;
e
if payment of a weekly allowance has already been made, or would have been made but for sub-paragraph (a), in respect of 38 weeks in the academic year in question;
f
in respect of any week in which the student is in receipt of a jobseeker’s allowance (payable under the Jobseekers Act 1995) or a training allowance; or
g
in respect of any week in which the student has not done everything expected of her because of pregnancy or confinement (but without prejudice to regulation 11).
5
For the purpose of paragraph (4)(d) —
a
a payment of a weekly allowance is made “in respect of” a term if a payment is made, or would have been made but for paragraph (4)(a) in respect of any week falling within that term;
b
the relevant number of terms is —
i
three times the number of terms in each academic year if, during the student’s final school year, the student had a statement of special educational needs made under section 324 of the Education Act 1996,
ii
three times the number of terms in each academic year if the student is a vulnerable student, and
iii
in any other case, twice the number of terms in each academic year;
c
in a case where regulation 5(6) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, payment of a weekly allowance shall be treated as having been made in respect of each term in the academic year in which the relevant authority so determines.
6
Where a student is educated otherwise than at a relevant educational establishment paragraph (2) shall not apply and paragraph (4) shall have effect as if for sub-paragraph (b) there were substituted —
a
in respect of any week if the relevant authority are of the opinion that the student has without good reason failed to do everything that is expected of him in accordance with the education maintenance allowance learning agreement and, where the relevant authority is Kingston-upon-Hull or Coventry, if the relevant authority has formed this opinion in respect of at least one previous week during the term in question.
.
7
No weekly allowance may be paid where the relevant authority is Suffolk, Sunderland or East Lancashire.
8
In the regulation “training allowance” means a payment made by the Secretary of State to a person in connection with his use of facilities arranged by the Secretary of State pursuant to section 2 of the Employment and Training Act 1973 .
Termly bonus
9
1
Except as provided in paragraph (6) or where paragraph (2) or (3) applies, and subject to paragraph (4), an allowance (“a termly bonus”) may be paid in respect of any term period where the institution has notified the relevant authority that in its opinion the student has attended the institution for the appropriate percentage of the hours for which he is expected to attend in accordance with the education maintenance allowance learning agreement and has otherwise done everything else that is expected of him under the learning agreement or had good reason for failing to do so.
2
Except as provided in paragraph (6) where a student has attended more than one institution a termly bonus may, subject to paragraph (4), be paid in respect of any term period where —
a
the local education authority determine (in the light of notifications from the institutions giving their opinion as to the numbers of hours for which the student has attended the institution and the number of hours for which he is expected to attend the institution in accordance with the education maintenance allowance learning agreement) that the student has attended the institutions taken together for the appropriate percentage of the aggregate of the hours which he is expected to attend in accordance with the learning agreements; and
b
each institution has notified the relevant authority that the pupil has otherwise done everything else that is expected of him under the learning agreement.
3
Where a student is educated otherwise than at a relevant educational establishment a termly bonus may, subject to paragraph (4), be paid in respect of any term period where the local education authority are of the opinion that the student has done everything that is expected of him under the learning agreement.
4
No termly bonus shall be paid —
a
if a weekly allowance cannot be paid in respect of any week in that term by reason of regulation 8(4)(d); or
b
in respect of any term which starts after the end of the period of eligibility.
5
In this regulation —
a
“the appropriate percentage” is —
i
where the relevant authority is Suffolk, East Lancashire or Sunderland, 90%, and
ii
in any other case, 95%; and
b
“term period” means —
i
where the relevant authority is Suffolk, East Lancashire, or Sunderland, such part of the institution’s term as may be determined by the authority provided that there shall be two term periods in each term of the institution, and
ii
in any other case, the institution’s term.
6
No termly bonus may be paid where the relevant authority is North East Lincolnshire or Worcestershire.
Achievement bonus
10
1
Except as provided in paragraph (5) and subject to paragraph (2) an allowance (“an achievement bonus”) may be paid in respect of any student who achieves any learning goal arising from being in full time education.
2
No achievement bonus shall be paid in respect of any learning goal where the course which led to the achievement of such learning goal started after the end of the period of eligibility.
3
Except in the case of a vulnerable student no achievement bonus shall be paid —
b
if an achievement bonus has already been paid —
i
three times, where during the student’s final school year, the student had a statement of special educational needs made under section 324 of the Education Act 1996, or
ii
twice in any other case; or
c
if an achievement bonus has already been paid in respect of another learning goal where the course which led to that learning goal ended in the same academic year as the course which led to the learning goal in question.
4
In this regulation “learning goal” means a standard of achievement (whether taking the form of a qualification or not) which is specified in relation to the student in the education maintenance allowance learning agreement.
5
No achievement bonus may be paid where the relevant authority is North East Lincolnshire or Worcestershire.
Special allowance
11
Where the relevant authority is Cornwall, Nottingham, Stoke on Trent or Walsall an allowance may be paid in respect of any student who has not done everything that is expected of her in accordance with the education maintenance allowance learning agreement because of pregnancy or confinement if —
a
the period during which she did not do everything that was expected of her in accordance with the learning agreement does not exceed 18 weeks; and
b
after the expiry of the period referred to in sub-paragraph (a) above, she does everything that is expected of her in accordance with the learning agreement for a continuous period of 4 weeks unless in the opinion of the institution (or the relevant authority where the student is educated otherwise than at a relevant educational establishment), she has good reason for failing to do so.
Revocation
12
The Education Maintenance Allowance (Pilot Areas) Regulations 1999 and the Educational Maintenance Allowance (Pilot Access) (Amendment) Regulations 2000 are hereby revoked.
Tessa Blackstone
Minister of State,
Department of Education and Employment
24th July 2000


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Scheme may be cited as the Farm Waste Grant (Nitrate Vulnerable Zones) (England) (No. 2) Scheme 2000 and shall extend only to England. This paragraph and paragraph 7 shall come into force on 31st October 2000 and the remaining paragraphs shall come into force on 30th November 2000.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“agricultural business” means, for the purposes of this Scheme, an agricultural business which is at least partly carried out on land situated in a nitrate vulnerable zone;
“slurry” has the same meaning as in regulation 2 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 ;
“nitrate vulnerable zone” has the same meaning as in regulation 2(1) of the Protection of Water against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 .
2
In this Scheme, any reference to —
a
a numbered paragraph is a reference to the paragraph in this Scheme so numbered;
b
a numbered sub-paragraph (with no corresponding reference to a specific paragraph) is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Payment and amount of grants
3
1
Subject to the following provisions of this Scheme, the Minister may make to any person one or more grants representing 40 per cent. of the expenditure incurred by him for the purposes of or in connection with the carrying on of an agricultural business, being expenditure which has been incurred after 29th November 2000 but before 17th April 2003 and —
a
is in respect of —
i
the provision, replacement or improvement of —
aa
facilities (including safety fencing) for the handling and storage of manure, slurry and silage effluent,
bb
fixed disposal facilities for slurry and silage effluent, or
cc
facilities (other than roofing) for the separation of clean and dirty water, where those facilities reduce the need to store slurry; or
ii
any work, facility or transaction (including conservation or amenity works) incidental to any matter in respect of which a grant may be made under the foregoing provisions of this paragraph;
b
appears to the Minister to be of a capital nature or incurred in connection with expenditure of a capital nature;
c
is approved by the Minister for the purposes of a grant under this Scheme; and
d
does not in aggregate exceed £85,000.
2
Where it appears to the Minister that expenditure in respect of which a grant is claimed under sub-paragraph (1) has been incurred partly for the purposes of or in connection with the carrying on of an agricultural business and partly for other purposes he may treat as having been incurred for the purposes of or in connection with the carrying on of an agricultural business so much of that expenditure as appears to him to be referable to the carrying on of that agricultural business.
Restrictions on the making of grants
4
1
The Minister shall not make a grant under sub-pararaph (1) of paragraph 3 —
a
in respect of any agricultural business which is not at least partly carried out on land situated in a nitrate vulnerable zone; or
b
towards any expenditure incurred in respect of an agricultural business which entails an increase in its production capacity.
2
The Minister shall not make a grant under sub-paragraph (1) of paragraph 3 unless he is satisfied that the expenditure towards which the grant is to be made will result in at least some environmental benefit accruing to the nitrate vulnerable zone concerned.
Claims for Grant
5
1
Any claim for a grant under this Scheme shall be made in such form and manner and by such date as the Minister may determine, and the claimant in question shall provide all such particulars and information relating to the claim as the Minister may reasonably require, including, where specified by him, relevant documents and records.
2
In sub-paragraph (1), the reference to relevant documents and records includes a reference to certified copies thereof.
3
The Minister shall inform a claimant in writing whether the claim is eligible or not and if it is not eligible shall give the reasons.
Withholding of grants
6
1
The Minister may withhold or recover the whole or any part of a grant otherwise payable under this Scheme where he considers that —
a
assistance in respect of expenditure towards which the grant is claimed has been obtained or is obtainable from another source;
b
the work in respect of which the grant is claimed would frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Community;
c
the expenditure towards which the grant is being claimed is excessive, having regard to all the circumstances of the case; or
d
the carrying out of the work in respect of which the grant is to be made has already destroyed or damaged or as the case may be is likely to destroy or damage the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.
2
Before acting under sub-paragraph (1) the Minister shall —
a
give to the person to be affected by its written notification of the reasons for withholding, reducing or recovering the grant and the date on which such action will be taken;
b
give to him the opportunity of appearing before and being heard by a person appointed for the purpose by the Minister; and
c
consider the report of a person so appointed and give a copy of it to the person mentioned in paragraph (a) of this sub-paragraph.
Revocation and transitional provisions
7
The Farm Waste Grant (Nitrate Vulnerable Zones) (England) Scheme 2000 (“the Previous Scheme”) is hereby revoked and until 30th November 2000 the provisions of the Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 1996 (which was revoked in so far as it applied to England) shall apply and be treated as being of full force and effect as if it had not been revoked.
E. A. Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
30th October 2000
We approve,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
30th October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Hammersmith and Fulham (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Hammersmith and Fulham;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the London Borough of Hammersmith and Fulham (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Hammersmith and Fulham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines.
4
The number of councillors to be elected for each of the College Park and Old Oak, and Palace Riverside wards shall be two, and for each of the other wards shall be three.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Hammersmith (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th July 2000


text:
1
This Order may be cited as the Value Added Tax (Protective Helmets) Order 2000 and shall come into force on 30th June 2000 in relation to supplies made on or after that date.
2
Group 16 (clothing and footwear) of Schedule 8 to the Value Added Tax Act 1994 (zero rating) shall be varied in accordance with articles 3 to 5 below.
3
In Note (4) to Group 16 for “Items 2 and 3 apply only where the goods to which they refer are — ” there shall be substituted “Item 2 applies only where the goods to which it refers are — ”.
4
After Note (4) there shall be inserted —
4A
Item 3 does not apply to a helmet unless it is of a type that on 30th June 2000 is prescribed by regulations made on or before 6th June 2000 under section 17 of the Road Traffic Act 1988 (types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of accident).
.
5
In Note (5) for “5(3)” there shall be substituted “5(4)”.
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2000 and shall come into force on 6th December 2000.
2
This Order shall apply to England only.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 (“the 1978 Order ”) shall be amended as follows —
a
the entries listed in Schedule 1 to this Order shall be deleted from Schedule 1 to the 1978 Order;
b
the entries listed in Schedule 2 to this Order shall be substituted for the corresponding entries in Schedule 1 to the 1978 Order;
c
the entry listed in Schedule 3 to this Order shall be added to Schedule 1 to the 1978 Order; and
d
the provisions of Schedule 4 to this Order shall be substituted for Schedule 2 to the 1978 Order.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
5th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Hammersmith and Acton Hospitals, the Special Trustees for the Charing Cross and West London Hospitals and the Special Trustees for the Queen Charlotte’s and Chelsea Hospital (Transfers of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“the new trustees” means the trustees for the Hammersmith Hospitals National Health Service Trust;
“the Special Trustees” means the Special Trustees for the Hammersmith and Acton Hospitals, the Special Trustees for the Charing Cross and West London Hospitals and the Special Trustees for the Queen Charlotte’s and Chelsea Hospital;
“the trust property” means —
in relation to the Special Trustees for the Hammersmith and Acton Hospitals, the property specified in the schedule of trust property prepared by, agreed upon by and signed on behalf of those Special Trustees and the new trustees on 9th March 2000,
in relation to the Special Trustees for the Charing Cross and West London Hospitals, the property specified in the schedule of trust property prepared by, agreed upon by and signed on behalf of those Special Trustees and the new trustees on 9th March 2000,
in relation to the Special Trustees for the Queen Charlotte’s and Chelsea Hospital, the property specified in the schedule of trust property prepared by, agreed upon by and signed on behalf of those Special Trustees and the new trustees on 9th March 2000.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Hammersmith Hospitals National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2000


text:
1
These Regulations may be cited as the Capital Gains Tax (Definition of Unit Trust Scheme) (Amendment) Regulations 2000 and shall come into force on 11th October 2000.
2
1
Regulation 3 of the Capital Gains Tax (Definition of Unit Trust Scheme) Regulations 1988 is amended as follows.
2
After paragraph (b) insert
or
c
an employee share ownership plan approved under Schedule 8 to the Finance Act 2000 ,
.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2000


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 2000 and shall come into force on 1st May 2000.
2
In these Regulations, “the principal Regulations ” means the Dual-Use and Related Goods (Export Control) Regulations 1996 .
2
At the end of the definition of the “the Decision” in regulation 2 of the principal Regulations, there shall be inserted the words —
which was itself amended by Council Decision No. 2000/243/ CFSP of 20th March 2000
.
3
1
The following amendments shall be made in Schedule 2 to the principal Regulations.
2
In Category 1 Materials, Chemicals, Microorganisms & Toxins: —
a
entries 1B915 and 1E915 shall be deleted, and
b
entry 1C950 shall be replaced by the following: —
1C950
The export of goods specified in this entry is prohibited to any destination except to Member States.
Chemical mixtures, as follows: —
a
Mixtures containing one or more of the chemicals specified in entries 1C350.1, .3, .5, .11, .12, .13, .17, .18, .21, .22, .26, .27, .28, .31, .32, .33, .34, .35, .36 and .54 and entries 1C450.b.1, .b.2, .b.3, .b.4, .b.5 and .b.6 of “Annex I”, where the chemical constitutes more than 10% by weight of the mixture;
b
Mixtures containing one or more of the chemicals specified in entries 1C350.2, .6, .7, .8, .9, .10, .14, .15, .16, .19, .20, .24, .25, .30, .37, .38, .39, .40, .41, .42, .43, .44, .45, .46, .47, .48, .49, .50, .51, .52 and .53 of “Annex I”, where the chemical constitutes more than 25% by weight of the mixture;
c
Mixtures containing one or both of the chemicals specified in entries 1C450.a.1 and .a.2 of “Annex I”, where the chemical constitutes more than 1% by weight of the mixture;
d
Mixtures containing one or more of the chemicals specified in entries 1C450.a.4, .a.5, .a.6, .a.7, .b.7 and .b.8 of “Annex I”, where the chemical constitutes more than 30% by weight of the mixture;
Except:
Goods which include any of the controlled chemicals or mixtures, and which are put up for retail sale and are intended for individual personal use or consumption.
.
3
In Category 5 — Telecommunications and Information Security, the heading of each of entries 5A990 and 5E990 shall be replaced by the following new heading: —
The export of goods specified in this entry is prohibited to any destination in Iran or Iraq.
.
Kim Howells,
Parliamentary Under Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
5th April 2000


text:
Title and commencement
1
These Regulations may be cited as the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) Regulations 2000 and shall come into force on 1st August 2000.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999
2
The Feedingstuffs (Zootechnical Products) Regulations 1999 shall be amended by the insertion, in Schedule 5 (Methods of Analysis), Part I (Community Methods of Analysis), in Column (1) between the entries “Halofuginone ” and “Menadione (vitamin K3)”, of the entry “Lasalocid Sodium” and, in Column (2) opposite it, of the entry “The Annex to Directive 1999/76/ EC ”.
Amendment of the Medicated Feedingstuffs Regulations 1998
3
In regulation 35 (recovery of fees) of the Medicated Feedingstuffs Regulations 1998 , in each of paragraphs (5), (6), (7) and (8), for the words “the Feedingstuffs (Zootechnical Products) Regulations 1998” wherever they appear there shall be substituted the words “the ZT Regulations”, and at the end of that regulation there shall be added the following paragraph:
12
In this regulation “the ZT Regulations ” means the Feedingstuffs (Zootechnical Products) Regulations 1999 as amended by the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) Regulations 2000.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
26th June 2000


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 2000 and shall come into force on 31st May 2000.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
2
1
The following amendments shall be made in article 3(1) of the principal Order.
2
In each of subparagraphs (c)(i), (d)(i), and (e)(ii)(bb), after the word “ country” there shall be inserted the words “or destination”.
3
Article 3B(1A)(g) of the principal Order shall be replaced by the following text:
any goods of a description specified in Part III of Schedule 1 hereto being exported to any destination, or a destination in any country, specified in Schedule 3 hereto.
.
4
1
The following amendments shall be made in Part III of Schedule 1 to the principal Order.
2
At the end of the exceptions to entry PL5021 and entry ML3, the following new exception shall be inserted:
c
Cartridges specially designed for signalling, bird scaring or lighting of gas flares at oil wells.
.
3
In entry ML4.a., the words ““military pyrotechnics”” shall be replaced by the words “devices that contain “military pyrotechnics””.
4
Entry ML7 shall be amended as follows —
a
the words from “Chemical or biological toxic agents” (where they first appear) to the words “key precursors, as follows” in the heading of entry ML7.b. shall be replaced by the following text:
Chemical or biological toxic agents, toxic chemicals and mixtures containing such agents or chemicals, “tear gases”, radioactive materials, related equipment, components, materials and “technology”, as follows:
a
Chemical or biological toxic agents, toxic chemicals and radioactive materials, as follows:
1
Biological agents and radioactive materials “adapted for use in war ” to produce casualties in humans or animals, degrade equipment or damage crops or the environment, and chemical warfare (“ CW ”) agents;
2
Chemicals listed in items (1) to (6) of the Schedule to the Chemical Weapons Act 1996 , read with notes 2 and 3 of that Schedule, whether or not they are CW agents in entry ML7.a., and chemical mixtures containing one or more of these chemicals;
3
3-Quinuclidinyl benzilate ( BZ ) [ CAS 6581-06-02] and chemical mixtures containing more than 1% by weight thereof;
b
CW binary precursors and key precursors, as follows, and chemical mixtures containing one or more of these precursors:
;
b
entry ML7.d. shall be replaced by the following text:
d
Equipment specially designed or modified for the dissemination of any of the following, and specially designed components therefor:
1
Materials or agents specified in entry ML7.a. or entry ML7.c.;
2
CW agents made up of precursors specified in entry ML7.b.;
Note: Entry ML7.d. does not include equipment not specially designed or modified for military purposes.
;
c
in entry ML7.e., the words “or entry ML7.c.” shall be inserted after the words “entry ML7.a.”;
d
in entry ML7.f., the words “in ML7.a.” shall be replaced by the words “ in entry ML7.a. or entry ML7.c.”.
5
Entry ML8 shall be amended as follows —
a
entry ML8.a.4 shall be deleted, and
b
in entry ML8.e.33 and entry ML.8.e.34,
i
the word “polyamine” shall be replaced by the word “polyamines ”, and
ii
the word “its” shall be replaced by the word “their”.
6
At the end of entry ML13.b., there shall be inserted the words “, and specially designed components therefor;”.
7
In entry PL5014, the word “, ML13.b.” shall be deleted.
8
In entry ML17, the word “and” shall be deleted at the end of entry ML17.k.; and after entry ML17.1., there shall be inserted the following new entry:
m
Bridges specially designed for military use.
.
9
In entry PL5033, the word “Bridges,” shall be deleted.
10
In entry ML21, the following new entry shall be inserted after entry ML21.b.2.:
“Software” not controlled under entry ML21.a., or ML21.b.1. or ML21.b.2., specially designed or modified to enable equipment not specified in this Part of this Schedule to perform military functions of equipment specified in any of the following entries:
ML5, ML7.f., ML9, ML10.e., ML11, ML14, ML15, ML17.i. and ML18.
.
5
The following amendments shall be made in Schedule 3 to the principal Order.
a
in the heading, the words “and destination” shall be inserted after the word “countries”,
b
“Nigeria” shall be deleted,
c
after the words “China (People’s Republic)” there shall be inserted the words “excluding Special Administrative Regions”, and
d
after “Liberia” there shall be inserted “Macao Special Administrative Region”.
Kim Howells,
Parliamentary Under Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
8th May 2000


text:
Citation and commencement
1
This Order may be cited as the East London and The City Mental Health National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 30th June 2000.
Amendment of NHS trust establishment Order
2
After article 4 of the East London and The City Mental Health National Health Service Trust (Establishment) Order 2000 there shall be inserted the following article —
Significant teaching commitment
4A
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(1)(d) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from Queen Mary and Westfield College, University of London.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st June 2000


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of Schedule 1 to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 1999 . The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article: —
a
by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and
b
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
2
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 1999 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agrement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2000.
2
This Order shall come into operation on the first day of January 2001.
J Laws
+George Cantuar:
J R Sclater
G F Tattersall
D J V Wright
Dated this eighth day of June 2000
Approved by the General Synod the 7th day of July 2000
D M Williams
Clerk to the Synod


text:
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) Regulations 2000 (Amendment) Regulations 2000 and shall come into force on 11th December 2000.
2
The Education (Grants for Disabled Postgraduate Students) Regulations 2000 shall be amended as follows.
3
1
In regulation 2(1) in the definition of “eligible student” for the words “attendance at” substitute the word “undertaking”.
2
In regulation 2(2) for the word “attending” (in each place where it appears) substitute the word “undertaking”.
3
In regulation 2(6) —
a
omit the word “attending” (where it first appears); and
b
for the word “attending” (where it appears for the second time) substitute the word “it”.
4
1
in regulation 3(1) for the words “attendance at” (in each place where they appear) substitute the word “undertaking”.
2
In regulation 3(2) —
a
in sub-paragraph (a) for the words “attendance on” substitute the word “undertaking”; and
b
for sub-paragraph (a)(iv) substitute the following:
iv
any allowance, bursary or award of similar description made by his institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his disability; or
.
3
At the end of regulation 3(4) add the following words:
unless, in relation to the second and any subsequent academic year of his course, he is not ordinarily resident in England and Wales on the first day of that academic year
.
5
In regulation 4(1)(a) after the words “first degree (or equivalent qualification)” insert the words “or higher”.
6
In regulation 5(4)(a) for the words “attendance at” substitute the word “undertaking”.
7
1
In regulation 6(1) for the word “attend” (in each place where it appears) substitute the word “undertake”.
2
In regulation 6(2) for the words “attendance at” substitute the word “undertaking”.
8
In regulation 8(2)(c) —
a
for the word “attend” substitute the word “undertake”; and
b
for the word “return” substitute the words “continue it”.
9
In regulation 9(1) for the words “attendance at” substitute the word “undertaking”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
20th November 2000


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (Slip Roads) Order 2000 and shall come into force on 19th October 2000.
2
In this Order —
i
“the new trunk road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to “The A249 Trunk Road (Iwade Bypass to Neatscourt Roundabout and Bridge) Order 2000.”
ii
“the plan” means the plan numbered HA14/1/SWD/118 marked “The A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (Slip Roads) Order 2000”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the new trunk road with other highways at places stated in the Schedule; and
iv
“the trunk road” means the A249 Trunk Road.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the slip roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not maintainable under a special enactment or by reason of tenure, enclosure, or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice by the Secretary of State with the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
David W. Ward
Divisional Director Project Services, Highways Agency
28th September 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Homelessness (England) Regulations 2000 and shall come into force on 3rd April 2000.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1995 Act ” means the Jobseekers Act 1995 ;
“the 1996 Act ” means the Housing Act 1996;
“asylum-seeker” means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made before 3rd April 2000 but which has not been determined;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“the Common Travel Area ” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);
“limited leave” means leave under the 1971 Act to enter or remain in the United Kingdom which is limited as to duration; and
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 .
2
For the purposes of the definition of “asylum-seeker”, a claim for asylum is determined at the end of such period beginning —
a
on the day on which the Secretary of State notifies the claimant of his decision on the claim; or
b
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,
as may be prescribed under section 94(3) of the Immigration and Asylum Act 1999 .
3
For the purposes of regulations 3(1)(i) (Class I) and 4(d) —
a
“an income-based jobseeker’s allowance” means a jobseeker’s allowance, payable under the 1995 Act, entitlement to which is based on the claimant satisfying conditions which include those set out in section 3 of the 1995 Act (the income-based conditions);
b
“income support” has the same meaning as in section 124 of the Social Security Contributions and Benefits Act 1992 (income support); and
c
a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day —
i
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the 1995 Act (circumstances in which jobseeker’s allowance is not payable); or
ii
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to the 1995 Act (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of the 1995 Act.
Classes of persons subject to immigration control who are eligible for housing assistance
3
1
The following are classes of persons prescribed for the purposes of section 185(2) of the 1996 Act (persons subject to immigration control who are eligible for housing assistance) —
a
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;
b
Class B — a person —
i
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
ii
whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C — a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person —
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
ii
who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
d
Class D — a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
e
Class E — a person who is habitually resident in the Common Travel Area and who —
i
is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 and is lawfully present in the United Kingdom; or
ii
before 3rd April 2000 was owed a duty by a housing authority under Part III of the Housing Act 1985 (housing the homeless) or Part VII of the 1996 Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961;
f
Class F — a person who is an asylum-seeker and who made a claim for asylum —
i
which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; and
ii
which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;
g
Class G — a person who is an asylum-seeker and —
i
who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
ii
who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
iii
whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;
h
Class H — a person who is an asylum-seeker and —
i
who made a relevant claim for asylum on or before 4th February 1996; and
ii
who was, on 4th February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad); and
i
Class I — a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because —
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules; and
ii
he is temporarily without funds because remittances to him from abroad have been disrupted.
2
In paragraph (1)(h)(i) (Class H), a relevant claim for asylum is a claim for asylum which —
a
has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or
b
has been recorded as having been decided (other than on appeal) on or before 4th February 1996 and in respect of which an appeal is pending which —
i
was pending on 5th February 1996; or
ii
was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act (procedure).
3
In paragraph (1)(i)(i) (Class I), “relevant immigration rules” means the immigration rules relating to —
a
there being or there needing to be no recourse to public funds; or
b
there being no charge on public funds.
Descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance
4
The following is a description of persons, other than persons who are subject to immigration control, who are to be treated for the purposes of Part VII of the 1996 Act (homelessness) as persons from abroad who are ineligible for housing assistance —
A person who is not habitually resident in the Common Travel Area other than —
a
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 ;
b
a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 1994 and derived from Council Directive No. 68/360/EEC or No. 73/148/EEC ;
c
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
d
a person who is on an income-based jobseeker’s allowance or in receipt of income support.
Prescribed period of notice where an authority proposes to cease securing accommodation under section 194
5
For the purposes of section 194(6) of the 1996 Act (notice of ceasing to exercise power to secure accommodation under section 194), the prescribed period is 28 days.
Period prescribed for the purpose of conditions for referral of an application
6
For the purposes of section 198(4)(b) of the 1996 Act (referral of case to another local housing authority), the prescribed period is the aggregate of —
a
five years; and
b
the period beginning on the date of the previous application and ending on the date on which the applicant was first placed in pursuance of that application in accommodation in the district of the authority to whom the application is now made.
Revocation
7
The following Regulations are revoked —
a
the Homelessness Regulations 1996 , in so far as they extend to England;
b
regulations 4 and 5 of the Allocation of Housing and Homelessness (Amendment) Regulations 1997 , in so far as they extend to England;
c
regulation 3 of the Allocation of Housing and Homelessness (Amendment) (No. 2) Regulations 1997 , in so far as they extend to England; and
d
regulations 4 and 5 of the Allocation of Housing and Homelessness (Amendment) (England) Regulations 1999 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State
Department of the Environment, Transport and the Regions
10th March 2000


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2000 and shall come into force on 14th August 2000.
Designation of Ministers
2
For the purposes of section 2(2) of the European Communities Act 1972, the Ministers specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
Revocation
3
Schedule 2 (which contains a revocation of a superseded designation) shall have effect.
Signed by
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Major Precepting Authorities (Excessive Budget Requirements — Payments) (England) Regulations 2000, and shall come into force on 25th February 2000.
2
These Regulations extend to England only and apply to sums payable by a major precepting authority under section 31 of the Local Government Act 1999 in respect of the financial year beginning with 1st April 2000.
3
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the 1999 Act ” means the Greater London Authority Act 1999 .
Calculation of payment
2
The sum which a major precepting authority must pay to a billing authority under section 31(3) of the Local Government Act 1999 shall be equal to —
E × Tb × Q Tz
where —
E (the authority’s contribution to council tax benefit) is the amount calculated in accordance with the Schedule to these Regulations;
Tb is the amount of the council tax base of the billing authority for its area, or, where the precept relates to a part of the billing authority’s area only, for that part of the area, and which in either case is included in the aggregate of amounts of council tax bases which is T for the purpose of section 44 of the 1992 Act or section 88 of the 1999 Act , as the case may be;
Q (estimated proportions of council tax yield accounted for by council tax benefit) is the amount shown for the billing authority in column 2 of Table A in the Schedule to the Collection Fund (General) (England) Directions 2000 made by the Secretary of State on 2nd February 2000;
Tz is the aggregate of Tb multiplied by Q for all the billing authorities to which the precepting authority has issued a precept.
Time for payment
3
1
Where the precepting authority and the billing authority have not before 1st April 2000 agreed when the sum calculated under regulation 2 is to be paid then that sum shall be paid in equal instalments on the instalment days in the financial year beginning with 1st April 2000.
2
In this regulation, “instalment days” means, in relation to a billing authority, the days in the financial year contained in the schedule of instalments determined by that billing authority under regulations 4 and 6 of the Local Authorities (Funds) (England) Regulations 1992 .
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
3rd February 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Winter Fuel Payment and Maternity and Funeral Expenses (General) Amendment Regulations 2000 and shall come into force on 17th September 2000.
2
In these Regulations, “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of the Social Fund Winter Fuel Payment Regulations 2000
2
In regulation 2(b) of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) —
a
in sub-paragraph (i), for the sum “£100” there shall be substituted the sum “£150”;
b
in sub-paragraph (ii), for the sum “£50” there shall be substituted the sum “£75”.
Amendment of the General Regulations
3
In regulation 5(2) of the General Regulations (amount of a Sure Start Maternity Grant), in each place where the amount “£200 ” appears there shall be substituted the amount “£300”.
Transitional arrangements
4
1
Subject to paragraph (2) of this regulation, the General Regulations shall have effect as if regulation 3 of these Regulations had not been made where —
a
the expected date of confinement;
b
the date of birth of the child (including any still-born);
c
the date of the adoption order; or
d
in the case of a child in respect of whom an order has been granted pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 , the date of the order,
is before 3rd December 2000.
2
Subject to paragraph (3), where a claim is made for a Sure Start Maternity Grant before 3rd December 2000 in respect of a child born (including any still-born) on or after that date, regulation 5(2) of the General Regulations shall have effect as if the amount of the Sure Start Maternity Grant in that case were £300.
3
Where a decision is made in a case to which paragraph (2) applies on the basis that the amount of a Sure Start Maternity Grant is £200 —
a
that decision may be revised under section 9 of the Social Security Act 1998 (revision of decisions) —
i
within 13 months of that decision; or
ii
where the Secretary of State receives an application for a revision of that decision made within 13 months of that decision; and
b
any payment made pursuant to that decision (before revision) shall be offset against any amount payable pursuant to the revision under section 9 of that Act.
4
Regulation 4(1) of the General Regulations (provision against double payment) shall not prevent a payment being made in consequence of paragraphs (2) and (3).
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
15th August 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 4) Regulations 2000 and shall come into force on 1st October 2000.
2
In these Regulations “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
3
These Regulations apply to England only.
Amendment of the 1992 Regulations
2
a
In Schedule 2 to the 1992 Regulations (terms of service), for paragraph 36 there shall be substituted the following paragraph —
Records
36
1
In this paragraph, “computerised records,” means records created by way of entries on a computer.
2
A doctor shall keep adequate records of the illnesses and treatment of his patients, and shall do so —
a
on forms supplied to him for the purpose by the Health Authority; or
b
subject to sub-paragraphs (3) and (4), by way of computerised records,
or in a combination of those two ways.
3
Where a doctor proposes to keep computerised records, he shall first obtain the written consent of the Health Authority.
4
The Health Authority shall consent to a doctor’s application to keep computerised records if it is satisfied that —
a
the computer system upon which he proposes to keep them has been accredited by the Secretary of State or another person on his behalf in accordance with “General Medical Practice Computer Systems — Requirements for Accreditation — RFA99” ;
b
the security measures and the audit function incorporated into the computer system as accredited in accordance with sub-paragraph (a) have been enabled; and
c
the doctor is aware of, and has signed an undertaking, that he will have regard to the guidelines contained in “Good Practice Guidelines for General Practice Electronic Patient Records” ,
and the Health Authority may withdraw its consent if it ceases to be so satisfied.
5
Where a doctor keeps computerised records he shall, as soon as possible following a request from the Health Authority, allow the Health Authority access to the information recorded on his computer system by means of the audit function referred to in paragraph (4)(b).
6
A doctor shall send the records relating to a patient to the Health Authority —
a
as soon as possible, at the request of the Health Authority; or
b
where a person on his list dies, before the end of the period of 14 days beginning with the date on which he was informed by the Health Authority of the death, or (in any other case) before the end of the period of one month beginning with the date on which he learned of the death.
7
To the extent that a patient’s records are computerised records, a doctor complies with sub-paragraph (6) if he sends to the Health Authority a copy of those records —
a
in written form; or
b
with the written consent of the Health Authority, in any other form.
8
The Health Authority shall consent to the transmission of information other than in written form for the purposes of paragraph (7)(b) if it is satisfied with the following matter —
a
the doctor’s proposals as to how the record will be transmitted;
b
the doctor’s proposals as to the format of the transmitted record;
c
how the doctor will ensure that the record received by the Health Authority is identical to that transmitted; and
d
how a written copy of the record can be produced by the Health Authority,
and the Health Authority may withdraw its consent if it ceases to be satisfied as to any of the above matters.
9
Where a doctor keeps computerised records he shall not disable, or attempt to disable, either the security measures or the audit function referred to in paragraph (4)(b).
.
Signed by the Secretary of State for Health
John Denham
Minister of State,
Department of Health
5th September 2000


text:
Commencement and citation
1
This Order may be cited as The A41 Trunk Road (Barnet) Red Route (No. 2) Traffic Order 1997 Variation Order 2000, and shall come into force on 30th May 2000.
Variations
2
The A41 Trunk Road (Barnet) Red Route (No. 2) Traffic Order 1997 is varied by the following provisions of this Order.
3
In schedule 2B item 1 is substituted as follows: —
1. The A41 Hendon Way (northbound carriageway), from a point 24.7 metres east of the eastern kerb-line of Lyndale eastward for a distance of 43 metres. At any time None None
4
In schedule 2C a new item is added as follows: —
1. The A41 Hendon Way (northbound carriageway), from a point 67.7 metres east of the eastern kerb-line of Lyndale eastward for a distance of 12 metres. At any time
5
In schedule 4 item 3 is substituted as follows: —
3. The A41 Hendon Way (northbound carriageway), from a point 17.3 metres west of the easternmost wall of Wendover Court, Hendon Way to a point 12 metres east thereof.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
22nd May 2000