text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Tewkesbury (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Tewkesbury;
“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 for Transport, Local Government and the Regions marked “Map of the Tewkesbury (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of borough of Tewkesbury
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Tewkesbury
3
1
The ordinary elections of all councillors of the borough of Tewkesbury shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Ashchurch
4
The parish of Ashchurch shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Bishops Cleeve
5
1
The existing wards of the parish of Bishops Cleeve shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Cleeve Grange, Cleeve St Michael’s and Cleeve West; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for the parish ward of Cleeve Grange shall be three, and for each of the parish wards of Cleeve St Michael’s and Cleeve West shall be six.
Wards of the parish of Churchdown
6
1
The existing wards of the parish of Churchdown shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Tewkesbury
7
1
The existing wards of the parish of Tewkesbury shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
8
The Borough of Tewkesbury (Electoral Arrangements) Order 1980 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
30th November 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the The Financial Services and Markets Act 2000 Own-initiative Power) (Overseas Regulators) Regulations 2001 and come into force on the day on which section 19 of the Act comes into force.
Overseas regulators
2
1
The kind of regulator to which paragraph (2) applies is prescribed for the purposes of section 47(1)(b) of the Act.
2
This paragraph applies to a regulator who exercises —
a
a function corresponding to any function of the Authority under the Act;
b
a function corresponding to any function exercised by the competent authority under Part VI of the Act (official listing);
c
a function corresponding to any function exercised by the Secretary of State under the Companies Act 1985 ; or
d
a function in connection with —
i
the investigation of conduct of the kind prohibited by Part V of the Criminal Justice Act 1993 (insider dealing); or
ii
the enforcement of rules (whether or not having the force of law) relating to such conduct.
Duty to consider Community obligation
3
1
The kinds of regulator to which paragraph (2) applies are prescribed for the purposes of section 47(3)(b) of the Act.
2
This paragraph applies to —
a
any host state regulator (within the meaning of Schedule 3 to the Act); and
b
the supervisory authority in Switzerland (within the meaning of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance, signed at Luxembourg on 10th October 1989 (“ the Agreement ”) ).
3
The following kinds of provisions are prescribed for the purposes of section 47(3)(c) of the Act —
a
in the case of a regulator to whom paragraph (2)(a) applies —
i
any provision of Community legislation; and
ii
any rule of law in force in an EEA State for purposes connected with the implementation of any such provision;
b
in the case of a regulator to whom paragraph (2)(b) applies —
i
any provision of the Agreement; and
ii
any rule of law in force in Switzerland for purposes connected with the implementation of any such provision.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the Southampton Community Health Services National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of the NHS trust Establishment Order
3
1
For article 3 of the Order (nature and functions of the trust) 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
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from Lymington Hospital, Southampton Road, Lymington, SO41 9ZH;
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
22nd March 2001


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products of Animal Use — Fees) (Amendment No. 2) Regulations 2001 and shall come into force on 15th December 2001.
2
In these Regulations “the Principal Regulations ” means the Medicines (Products for Animal Use — Fees) Regulations 1998 .
Amendment of fees specified in the principal Regulations
2
1
In respect of each provision of the principal Regulations specified in the entries in column (1) (the subject matter of which is described in column (2)) of Part I of the Schedule to these Regulations, where a fee is specified opposite that provision in column (3) there shall be substituted the fee specified opposite that provision in column (4).
2
Paragraphs 1 and 2 of Part IV of the principal Regulations shall be replaced with the provisions of Part II of the Schedule to these Regulations.
3
In Schedule 3 to the principal Regulations —
a
in Part II, paragraph 1 (calculation of annual fees) there shall be substituted the figure “£275” for the figure “£269”, the figure “£19,600” for the figure “£18,956”, and the figure “0.46%” for the figure “0.451%.”;
b
in Part II, paragraph 2 (calculation of annual fees) there shall be substituted the figure “0.7%” for the figure “0.677%”; and
c
in Part III (calculation of annual fee — emergency vaccines) there shall be substituted the figure “0.7%” for the figure “0.677%”.
Transitional provisions
3
1
Subject to paragraphs (2) and (3) below, these Regulations shall not apply in respect of any application made before the date these Regulations come into force.
2
These Regulations shall apply in relation to any fee payable in respect of any inspection made after these Regulations come into force in connection with any application made before they come into force.
3
Where, in connection with an application to renew a marketing authorisation, licence or certificate made before these Regulations come into force, the authorisation, licence or certificate is due to expire on or after the date these Regulations come into force, regulation 17(4) and (5) of the principal Regulations shall apply to that application on the basis that the fee payable for the application following the coming into force of these Regulations is the appropriate fee payable.
4
Nothing in these Regulations shall have effect in relation to an annual fee relating to a calendar year earlier than 2000.
Whitty
Parliamentary Under Secretary of State Ministry of Agriculture, Fisheries and Food
22 November 2002
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State
Department of Health
16 November 2001
Bairbre De Brún
Minister of Health, Social Services and Public Safety
21 November 2001
Brid Rodgers
Minister of Agriculture and Rural Development
19 November 2001
We consent
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
19 November 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Gaming Contracts) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
2
1
Any activity of the kind —
a
specified by article 14 or 21 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (“the Regulated Activities Order ”) (dealing in investments as principal or agent);
b
specified by article 64 of that Order (agreeing to carry on specified kinds of activity), so far as relevant to either of those articles; or
c
which would be so specified apart from any exclusion from any of those articles made by that Order;
is specified for the purposes of paragraph (b) of subsection (2) of section 412 of the Act (contracts not to be void or unenforceable because of the law relating to gaming).
2
The class of investment consisting of securities and contractually based investments (within the meaning of the Regulated Activities Order) is specified for the purposes of paragraph (c) of subsection (2) of that section.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 2001 and shall come into force on 21st May 2001.
Amendments to the Housing Benefit (General) Regulations 1987
2
In the Housing Benefit (General) Regulations 1987 (“the 1987 Regulations ”) —
a
in sub-paragraph (h) of regulation 7(1) (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling), for the word “except” there shall be substituted the words “and less than five years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply”;
b
in regulation 10 (rent) —
i
for paragraph (3) there shall be substituted the following paragraph —
3
Subject to paragraphs (4), (5) and (6B), the amount of a person’s eligible rent shall be —
a
the maximum rent where a maximum rent has been, or falls to be, determined in accordance with regulation 11; or
b
except where sub-paragraph (a) applies, the aggregate of such payments specified in paragraph (1) as that person is liable to pay less —
i
except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);
ii
where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and
iii
where he is liable to make payments in respect of any service charges to which paragraph (1)(e) does not apply, but to which paragraph 2(1A) of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 2(1A) of Schedule 1.
; and
ii
sub-paragraphs (6A) to (6AB) shall be omitted;
c
in regulation 11 (maximum rent) —
i
for paragraph (3A), there shall be substituted the following paragraph —
3A
Subject to paragraph (3B), in the case of a young individual —
a
except where sub-paragraph (b) applies, where the rent officer has determined a single room rent and is required to notify the authority of it, the maximum rent shall not exceed that single room rent;
b
where —
i
the rent officer has determined a single room rent and a claim-related rent and is required to notify the authority of them;
ii
the claim-related rent includes payment in respect of meals; and
iii
the single room rent is greater than the claim-related rent less an amount in respect of meals determined in accordance with paragraph 1A of Schedule 1 , the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.
; and
ii
for paragraphs (8A) to (8C) there shall be substituted the following paragraph —
8A
In a case where a charge for meals is ineligible to be met by housing benefit under regulation 10(3) and paragraph 1 of Schedule 1, there shall be deducted an amount determined in accordance with paragraph 1A of Schedule 1 in respect of meals in the calculation of a person’s maximum rent except where the maximum rent is derived from a rent officer determination under —
a
paragraph 3 (exceptionally high rents) of Schedule 1 to the Rent Officers Order and the notice of claim-related rent states pursuant to paragraph 9(1)(c) of that Schedule that an ineligible payment has not been included in it; or
b
paragraph 5 (single room rents) of that Schedule.
;
d
for paragraph (3) of regulation 61 (maximum housing benefit) there shall be substituted the following paragraphs —
3
Subject to paragraph (3A), in a case where —
a
regulation 11 applies; and
b
the appropriate authority is satisfied that —
i
the claimant would be entitled to housing benefit; and
ii
the claimant or a member of his family will suffer exceptional hardship unless the amount which would be the claimant’s maximum housing benefit is increased,
the authority may determine that the amount of the person’s appropriate maximum housing benefit shall be such greater amount as it considers appropriate in the particular circumstances of the case.
3A
A person’s appropriate maximum housing benefit under paragraph (3) shall not exceed in any week an amount which represents his eligible rent calculated —
a
as though a maximum rent had not been, nor falls to be, determined in his case;
b
as though the amount to be deducted for ineligible services falling to be determined under the Rent Officers Order as an ineligible charge (construed in accordance with paragraph 7(1)(a) of Schedule 1 to that Order) were the amount so determined; and
c
on a weekly basis in accordance with regulations 69 and 70 after any deduction made in accordance with section 130(3)(b) of the Contributions and Benefits Act (taper) and regulation 63 (non-dependant deductions).
; and
e
for paragraph 2(2) of Schedule 1A (excluded tenancies) there shall be substituted the following sub-paragraphs —
2
Subject to paragraph (2A), for the purposes of any claim, notification or request (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer determination made in consequence of an earlier claim, notification or request (“the earlier application”) —
a
where —
i
the earlier and later applications were made in respect of the same claimant —
aa
the benefit period to which the earlier application related began; or
bb
where the benefit period was extended, the extension began,
52 weeks or more before the first day of the benefit period to which the later application relates; and
ii
the claimant has been continuously entitled to housing benefit since —
aa
the beginning of the benefit period to which the earlier application related; or
bb
where the benefit period was extended, the beginning of that extension; or
b
where the earlier and later applications were made in respect of different claimants and the rent officer determination —
i
was made more than 12 months before the date on which the appropriate authority received the later application; or
ii
was relevant for the purposes of a benefit period of the claimant who made the later application (“benefit period A”) which began 52 weeks or more before the first day of the benefit period (“benefit period B”) to which the later application relates.
2A
Paragraph (2)(b)(ii) shall not apply where the claimant who made the later application ceased to be entitled to housing benefit for any period falling between benefit period A and benefit period B.
.
Transitional provision
3
In a case to which regulation 4(3) (savings) of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 applies, regulation 10(3) of the 1987 Regulations shall have effect as though the words “and regulation 12 ” were inserted after the words “(5) and (6B)”.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
19th February 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001 and shall come into force on 19th February 2001.
Interpretation
2
In these Regulations —
“the 2000 Act ” means the Terrorism Act 2000, and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the 2000 Act to Director of Savings and staff
3
Sections 15 to 23 and 39 of the 2000 Act shall apply to
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings
in circumstances where the Director or such a person is carrying on relevant financial business.
Disapplication of section 19 in relation to persons performing functions of a public nature
4
Section 19 of the 2000 Act shall not apply to the following persons, being persons who are, in the opinion of the Secretary of State, performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature, namely —
a
the Bank of England;
b
The Financial Services Authority;
c
the Building Societies Commission;
d
a designated agency within the meaning of the Financial Services Act 1986 ;
e
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
f
a recognised professional body within the meaning of the Financial Services Act 1986;
g
a transferee body within the meaning of the Financial Services Act 1986;
h
a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;
i
the Council of Lloyds;
j
the Friendly Societies Commission;
k
the Chief Registrar of Friendly Societies;
l
the Assistant Registrar of Friendly Societies for Scotland;
m
the Central Office of the Registry of Friendly Societies;
n
the Registrar of Credit Unions for Northern Ireland;
o
the Assistant Registrar of Credit Unions for Northern Ireland, and
p
any person who is employed by, or otherwise engaged in, the service of any person referred to above for the purpose of performing such functions.
5
The Prevention of Terrorism (Temporary Provisions) Act 1989 (Crown Servants and Regulators etc ) Regulations 1994 and the Northern Ireland (Emergency Provisions) Act 1991 (Crown Servants and Regulators etc) Regulations 1994 are hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
25th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Devon Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the East Devon 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 East Devon Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st 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 and East Devon Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North and East Devon 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 Exeter and District Community Health Service National Health Service Trust and the South Devon Health Care National National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001 and come into force on 18th June 2001.
2
In these Regulations —
“branch” —
in relation to an investment firm, has the meaning given by Article 1.5 of the investor-compensation schemes directive;
in relation to a credit institution, has the meaning given by Article 1.5 of the deposit-guarantee schemes directive;
“credit institution” has the meaning given by Article 1 of the banking consolidation directive;
“deposit-guarantee schemes directive” means Council and European Parliament Directive 94/19/ EC on deposit-guarantee schemes ;
“depositor” has the same meaning as in the deposit-guarantee schemes directive;
“Financial Services Compensation Scheme” means the compensation scheme established pursuant to Part XV of the Act;
“home State deposit-guarantee scheme” means —
in relation to a credit institution which is exempted by the EEA State in which that institution has its head office from the obligation to belong to a deposit-guarantee scheme by virtue of belonging to a system which protects the credit institution as mentioned in Article 3 of the deposit-guarantee schemes directive, that system; and
in all other cases, the deposit-guarantee scheme officially recognised by that EEA State for the purposes of Article 3.1 of the deposit-guarantee schemes directive;
“home State investor-compensation scheme” means —
in relation to a credit institution which is exempted by the EEA State in which that institution has its head office from the obligation to belong to an investor-compensation scheme by virtue of Article 2.1 of the investor-compensation schemes directive (participation in a system that protects the credit institution), that system; and
in all other cases, the investor-compensation scheme officially recognised by that EEA State for the purposes of Article 2.1 of the investor-compensation schemes directive;
“investment firm” has the meaning given by Article 1.1 of the investor-compensation schemes directive;
“investor” has the meaning given by Article 1.4 of the investor-compensation schemes directive;
“investor-compensation schemes directive” means the Council and European Parliament Directive 97/9/EC on investor-compensation schemes .
Persons not to be regarded as relevant persons
2
For the purposes of section 213(10) of the Act (certain persons not to be regarded as relevant persons unless they elect to participate), the following categories are prescribed —
a
any investment firm; and
b
any credit institution.
Persons who may elect to participate
3
1
For the purposes of section 214(5) of the Act (persons who may elect to participate), the following categories are prescribed —
a
any investment firm which has established a branch in the United Kingdom in exercise of an EEA right and is a member of a home State investor-compensation scheme which meets the condition in paragraph (2); and
b
any credit institution which has established a branch in the United Kingdom in exercise of an EEA right and is a member of a home State deposit-guarantee scheme which meets the condition in paragraph (3).
2
The condition mentioned in paragraph (1)(a) is that the scope or level (including percentage) of the protection afforded to investors by the Financial Services Compensation Scheme exceeds that afforded by the home State investor-compensation scheme.
3
The condition mentioned in paragraph (1)(b) is that the scope or level (including percentage) of the protection afforded to depositors by the Financial Services Compensation Scheme exceeds that afforded by the home State deposit-guarantee scheme.
Persons in respect of whom inspection under section 224 does not apply
4
For the purposes of section 224(4) of the Act (power to inspect documents held by Official Receiver), the following categories are prescribed —
a
any investment firm; and
b
any credit institution.
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 5) Order 2001.
2
In this Order, “ the Act ” means the Adoption (Intercountry Aspects) Act 1999.
Appointed day
2
30th April 2001 is the day appointed for the coming into force of section 9 (adoption service to include intercountry adoptions etc. ) of the Act and section 14 (restriction on bringing children into the United Kingdom for adoption) of the Act, in so far as each section amends the Adoption Act 1976 .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
27th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Accounts and Audit (Amendment) (England) Regulations 2001 and shall come into force on 23rd October 2001.
2
These Regulations extend to England only.
Interpretation
2
In regulation 2(1) of the Accounts and Audit Regulations 1996 (“the 1996 Regulations ”) , in the definition of “relevant body” there is inserted after “health service body” the words “, a local probation board” .
Statement of Accounts
3
1
Regulation 6(3) of the 1996 Regulations is amended as follows.
2
There is inserted after sub-paragraph (b) —
ba
The Greater London Authority;
bb
a functional body;
bc
the London Pensions Fund Authority;
.
3
There is inserted after sub-paragraph (h) —
ha
the Greater London Magistrates Courts Authority.
.
4
Sub-paragraph (k) is omitted.
Summary statement of accounts — Greater London Authority
4
After regulation 6 of the 1996 Regulations there is inserted —
Summary statement of accounts — Greater London Authority
6A
The summary statement of accounts which the Greater London Authority (“the Authority”) is required to prepare by section 134 of the Greater London Authority Act 1999 shall be prepared in accordance with proper practices and shall include —
a
a summary of the income and expenditure of the Authority;
b
a summary of the income and expenditure of each of the functional bodies and the London Pensions Fund Authority;
c
a summary of the capital expenditure of the Authority; and
d
a summary of the capital expenditure of each of the functional bodies and the London Pensions Fund Authority.
Other Accounting Statements
5
In regulation 7 of the 1996 regulations, in paragraphs (3) and (4), for “£5000” substitute “£50,000”.
Publication of Annual Audit Letter
6
After Regulation 16 of the 1996 Regulations there is inserted —
Publication of Annual Audit Letter
16A
As soon as reasonably possible after it is received a relevant body shall —
a
publish the annual audit letter received from the auditor; and
b
keep copies available for purchase by any person on payment of such sum as the relevant body may reasonably require.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
25th September 2001


text:
Citation and commencement
1
This Order may be cited as the Calderdale Healthcare and the Huddersfield Health Care Services National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Calderdale Healthcare National Health Service Trust established by the Calderdale Healthcare National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Huddersfield Health Care Services National Health Service Trust established by the Huddersfield Health Care Services National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
1st March 2001


text:
Citation and Commencement
1
This order shall be cited as the Leigh Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Leigh Education Action Zone” means the Education Action Zone established by the Leigh Education Action Zone Order 1998 .
Extension of the Leigh Education Action Zone Order 1998
3
The Leigh Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Leigh Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Leigh Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(1), (b), (c), (d), (e), (f), (g), or (h), if that person no longer appears to represent the union or association in respect of which he was appointed; head teachers of secondary or primary schools which are zone schools; Leigh based businesses; parent governors; or voluntary or community organisations in the area served by the zone schools, as the case may be; and
e
in the case of a member appointed pursuant to article 5(1)(i), if that person no longer appears to the Forum to be able to further the objects of the zone.
5
1
The Leigh Education Action Zone Order 1998 is varied as follows —
2
In Schedule 2 the words “Kingshill Special School” should be substituted for “Rose Hill.”
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Slough Primary Care Trust (Establishment) Order 2001 and shall come into force on 20th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Slough 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 Slough Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Berkshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Berkshire 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 East Berkshire Community Health 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
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
8th February 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the General Teaching Council for England (Deduction of Fees) Regulations 2001 and shall come into force on 10th January 2002.
2
These Regulations shall only apply in relation to England.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“ the Council ” means the General Teaching Council for England;
“employer”, in relation to a teacher, includes a local education authority, governing body or other person who engage (or make arrangements for the engagement of) that person to provide his services as a teacher otherwise than under a contract of employment, and “employed”, “employment” and any expressions relating to the termination of employment shall be construed accordingly;
“fee” means any fee payable by virtue of section 4(4) of the 1998 Act ; and
“ the Register ” means the register of teachers which the Council established and maintains in accordance with section 3 of the 1998 Act.
Relevant teacher
3
A relevant teacher for the purposes of these Regulations is any teacher at a school who is —
a
registered in the Register; or
b
required as a consequence of his employment to be so registered by virtue of section 218(1)(aa) of the 1988 Act ,
and has not paid the fee to the Council.
Deduction of fees from salary
4
1
Subject to this regulation, an employer shall deduct (or arrange for the deduction of) the fee from the salary of a relevant teacher employed by that employer.
2
A deduction shall only be made after the Council has notified the employer to deduct (or arrange for the deduction of) the fee in respect of a relevant teacher.
3
A deduction shall be made within one month of the notification under paragraph (2).
Remittance of fees
5
1
An employer shall remit to the Council any fee deducted under these Regulations by the 19th day of the month following the deduction.
2
An employer shall notify the teacher in question of the deduction within one month of the deduction.
Supply of information
6
1
Subject to this regulation, where the Council has provided an employer with a list of teachers employed by that employer and who are registered in the Register or required as a consequence of their employment to be registered in the Register by virtue of section 218(1)(aa) of the 1988 Act such an employer shall:
a
where the employer has deducted (or arranged for the deduction of) a fee under regulation 4 in respect of a teacher on the list, notify the Council of the teacher’s name, national insurance number, date of birth and the reference number assigned to him by the Department for Education and Skills;
b
where a teacher is employed by the employer and is registered in the Register or required as a consequence of his employment to be registered in the Register by virtue of section 218(1)(aa) of the 1988 Act but is not on the list, notify the Council of the details specified in the Schedule in respect of that teacher;
c
where a teacher on the list is no longer employed by the employer, notify the Council of the name of the teacher and the reference number assigned to him by the Department for Education and Skills; and
d
notify the Council of any other amendments to the list if it is inaccurate.
2
An employer shall notify the Council of the matters in this Regulation within two months of the Council providing the list to the employer under paragraph (1).
Breach of time limits
7
Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
Stephen Timms
Minister of State,
Department for Education and Skills
12th December 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Pollution Prevention and Control (Designation of Landfill Directive) Order 2001 and shall come into force on 12th November 2001.
2
This Order extends to England and Wales only.
Designation
2
Council Directive 99/31/ EC of 26 April 1999 on the landfill of waste is designated as a relevant directive for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
5th November 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Care Standards Commission (Membership and Procedure) Regulations 2001 and shall come into force on 9th April 2001.
2
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“the 1977 Act ” means the National Health Service Act 1977 ;
“chairman” means, unless the context otherwise requires, the chairman of the Commission;
“health professional” means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 applies or who is a clinical psychologist, child psychotherapist or speech therapist;
“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;
“health service body” means —
a Health Authority , Special Health Authority or NHS trust or a Primary Care Trust ;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
the Dental Practice Board constituted under section 37(1) of the 1977 Act;
the Public Health Service Laboratory Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the 1977 Act;
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
“lay member” means a person who is not, and has not within 12 months of the date of appointment been, a social care worker or health professional or otherwise involved in the purchase (except as a private individual) or provision of social or health care services, or in the regulation (including inspection) of social or health care services (except where his involvement is or was as a lay member in relation to a body which regulates the provision of social or health care services.);
“member” in relation to the Commission includes the chairman.
3
In these Regulations unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation.
Number of members
2
The Commission shall have fifteen members, not less than eight of whom shall be lay members.
Appointment of members
3
1
Subject to regulation 7 (termination of tenure of office), the term of office of a member shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
2
Subject to regulation 5 (disqualification for appointment), a member shall, on termination of his office, be eligible for re-appointment.
Appointment of deputy-chairman
4
1
Subject to paragraph (2), the members may appoint one of the members, other than the chairman, to be deputy-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on making the appointment.
2
Any member so appointed may at any time resign from the office of deputy-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England or any other cause —
a
the notice required by paragraph (2) to be given to the chairman shall be given to the Secretary of State;
b
references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the deputy-chairman.
Disqualification for appointment
5
1
Subject to regulation 6 (cessation of disqualification), a person shall be disqualified for appointment as a member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors and has not been discharged in respect of it;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body, a local authority or any establishment or agency of a description specified in section 4(8)(a) or (9)(a) of the Act;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the body that he should continue to hold office;
ii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months;
e
he has had his name removed, by a direction under section 46 of the 1977 Act (or any provision in force in Scotland or Northern Ireland corresponding to that provision), from any list prepared under Part II of that Act, and has not subsequently had his name included in such a list;
f
he is suspended as respects the provision of general medical services, general dental services, general ophthalmic services or pharmaceutical services under the 1977 Act by a direction of the Tribunal constituted under section 46 of that Act made pursuant to section 49A(2) or section 49B(1) of that Act (or any provision in force in Scotland or Northern Ireland corresponding to those provisions);
g
he has been removed, or is suspended, from a register of members admitted to practice maintained under any of the following Acts —
i
the Pharmacy Act 1954 ;
ii
the Professions Supplementary to Medicine Act 1960 ;
iii
the Medical Act 1983 ;
iv
the Dentists Act 1984 ;
v
the Opticians Act 1989 ;
vi
the Osteopaths Act 1993 ;
vii
the Chiropractors Act 1994 ;
viii
the Nurses, Midwives and Health Visitors Act 1997 ;
h
he is included in any list maintained by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children) or section 81 of the Act (list of persons considered unsuitable to work with vulnerable adults); or
i
he is an employee of the Commission.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or member or director of a health service body.
Cessation of disqualification
6
1
Where a person is disqualified under regulation 5(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 5(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 5(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 5(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office
7
1
A member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where during his term of office a member other than the chairman is appointed to be the chairman, his tenure of office as such a member shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Commission that a member should continue to hold office, he may forthwith terminate his tenure by giving him notice in writing to that effect.
4
If a member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office, unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Commission within such period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be a member, and —
a
he becomes disqualified for appointment under regulation 5, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect, and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such a member.
6
If it appears to the Secretary of State that a member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of committees and sub-committees
8
1
Subject to such directions as may be given by the Secretary of State, the Commission may, and if so directed by him must, appoint other committees of the Commission.
2
A committee appointed under paragraph (1) may consist wholly or partly of members of the Commission or wholly of persons who are not members of the Commission.
3
A committee appointed under paragraph (1), subject to such directions as may be given by the Secretary of State or the Commission, may appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Commission) or wholly of persons who are not members of the Commission or the committee.
4
Regulation 5, other than paragraph (1)(j), and regulation 6 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Commission.
Meetings and proceedings
9
1
The meetings and proceedings of the Commission shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Commission shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Commission may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Commission but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
4
The proceedings of the Commission shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment.
Disability of members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if a member has any pecuniary interest, direct or indirect, in any matter and is present at any meeting of the Commission at which the matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the work of the Commission that the disability should be removed.
3
The Commission may, by Standing Orders made under regulation 9(2), provide for the exclusion of a member from a meeting of the Commission while any matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 7 of Schedule 1 to the Act (remuneration and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the circumstances in which a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a matter include —
a
if he, or a nominee of his, is a director of a company or other body, not being a public body, which has a direct pecuniary interest in the matter under consideration; or
b
if he is a partner of, or is in the employment of, a person who has a direct pecuniary interest in the matter under consideration,
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
A member shall not be treated as having a pecuniary interest in any matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that matter.
7
Where a member —
a
has an indirect pecuniary interest in a matter by reason only of a beneficial interest in securities of a company or other body;
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Commission and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Commission) as it applies to a member of the Commission.
9
In this regulation —
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society; and
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
18th March 2001


text:
1
1
These Rules may be cited as the Local Elections (Parishes and Communities) (Amendment) Rules 2001.
2
These Rules shall come into force on 16th February 2001 except for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that date.
3
Rule 6(2) of the Local Elections (Parishes and Communities) (Amendment) Rules 1998 is hereby revoked.
4
These Rules do not extend to Scotland or Northern Ireland.
2
The rules in Schedule 2 to the Local Elections (Parishes and Communities) Rules 1986 shall be amended as follows.
3
In rule 4A(3) (nomination papers: name of registered political party) for “the Registration of Political Parties Act 1998” substitute “Part II of the Political Parties, Elections and Referendums Act 2000 ”.
4
For rule 5(7) (subscription of nomination paper) substitute:
7
In this rule “elector” —
a
means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and
b
includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.
.
5
In rule 17(1)(a) (use of schools and public rooms) omit “, a grant-maintained school”.
6
For rule 19 (postal ballot papers) substitute:
19
The returning officer shall, in accordance with regulations made under the Representation of the People Act 1983, issue to those entitled to vote by post a postal ballot paper and a declaration of identity in the forms set out in the Appendix, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by such regulations.
.
7
1
Rule 23 (equipment of polling stations) is amended as follows.
2
After paragraph (3) insert:
3A
The returning officer shall also provide each polling station with —
a
at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and
b
a device of such description as is set out in paragraphs (6) to (11) below for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 33(1)).
.
3
After paragraph (5) insert:
6
The device referred to in paragraph (3A)(b) above must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.
7
On the right-hand side of the device there shall be tabs of equal size which satisfy the conditions in paragraphs (8) to (11) below.
8
The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces to the right of the particulars of the candidates on which the vote is to be marked (“the relevant space”).
9
Each tab shall be numbered so that, when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidates whose particulars are to the left of the relevant space covered by the tab in question.
10
Each number on the tab shall be in raised form so that it can be clearly identified by touch.
11
Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.
.
8
In rule 26(1)(e) (admission to polling station) for “blind voters” substitute “voters with disabilities”.
9
For rule 33 (voting by blind persons) substitute:
Voting by persons with disabilities
33
1
If a voter makes an application to the presiding officer to be allowed, on the ground of —
a
blindness or other physical incapacity, or
b
inability to read,
to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
2
If the presiding officer —
a
is satisfied that the voter is so incapacitated, and
b
is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion —
i
is a qualified person within the meaning of these rules; and
ii
has not previously assisted more than one voter with disabilities to vote at the election,
the presiding officer shall grant the application, and then anything which is by these rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
3
For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person —
a
is a person who is entitled to vote as an elector at the election; or
b
is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.
4
The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).
In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.
5
The declaration made by the companion —
a
shall be in the form of the Appendix; and
b
shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.
6
No fee or other payment shall be charged in respect of the declaration.
.
10
In rule 37(1)(f) (procedure on close of poll) for “blind voters” (wherever occurring) substitute “voters with disabilities”.
11
For rule 39(3) (validity of postal ballot papers) substitute:
3
A postal ballot paper shall not be taken to be duly returned unless —
a
it is returned in the manner set out in paragraph (3A) below and reaches the returning officer or any polling station in the electoral area in question before the close of the poll; and
b
the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (3A) below and reaches him or such a polling station before that time.
3A
The manner in which any postal ballot paper or declaration of identity may be returned —
a
to the returning officer, is by hand or by post;
b
to a polling station, is by hand.
.
12
In rule 46(c) (delivery of documents) for “blind voters” (wherever occurring) substitute “voters with disabilities”.
13
In the Appendix of forms, in the form of nomination paper —
a
omit note 3, and
b
in note 5, omit “or electors lists”.
14
In that Appendix, in the form of declaration to be made by the companion of a blind voter —
a
for “blind person” or “blind voter” (wherever occurring) substitute “voter with disabilities”; and
b
after the note at the end of the form (which shall become note 1), insert —
2
A voter with disabilities is a voter who has made a declaration under the local elections rules that he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
15th January 2001


text:
Title application and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 10) Order 2001; it applies in relation to England and shall come into force on 4th August 2001.
Amendment of the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 (in this Order referred to as the “1983 Order”), in so far as it applies in relation to England, shall be amended in accordance with the provisions of this Article.
2
In article 18(1) the words “or the Minister” shall be added after “an inspector”.
3
For article 29A(2) there shall be substituted the following paragraph —
2
Nothing in paragraph (1) above shall make it unlawful for —
a
the occupier of any land, or for the member of a shooting party consisting of not more than three persons who are members of the occupier’s household or persons employed by him as beaters, to shoot or attempt to shoot any game or other wildlife or any deer found on that land;
b
a person to shoot or attempt to shoot grouse, pheasant or partridge under the authority of a licence issued by a veterinary inspector and subject to any conditions that may be specified therein; or
c
a person to cull deer under the authority of a licence of the Minister and subject to any conditions that may be specified therein.
.
4
In article 31(1)(a) the words “or the Minister” shall be added after “an inspector”.
5
For article 36(2) there shall be substituted the following paragraph —
2
Nothing in paragraph (1) above shall make it unlawful for —
a
the occupier of any land, or for a member of a shooting party consisting of not more than three persons who are authorised by the occupier or are members or his household or who are persons employed by him as beaters to shoot or attempt to shoot any deer found on that land; or
b
a person to cull deer under the authority of a licence granted by an inspector and subject to any conditions set out therein.
.
6
For article 38 there shall be substituted the following article —
General powers of veterinary inspectors to take action to prevent the spread of disease
38
1
The powers conferred on a veterinary inspector by the following provisions of this article are without prejudice to any power conferred on an inspector by the foregoing provisions of this order.
2
A veterinary inspector may, for the purpose of preventing the spread of disease, by notice in writing served on the occupier of any place —
a
prohibit the movement of any person into, within or out of that place;
b
prohibit the movement of any animal, poultry or thing into, within or out of that place;
c
require the detention or isolation of any animals, poultry or things in that place or require animals or poultry to be kept separate from other animals or poultry;
d
require the destruction, burial, disposal or treatment of any thing in that place;
e
require the cleansing and disinfection of that place or of part of it or of any thing in that place or require any person to disinfect himself; or
f
impose any other requirements with respect to that place or any animal, poultry or thing in that place,
in such manner and subject to such conditions as may be specified in the notice.
3
A veterinary inspector may, for the purpose of preventing the spread of disease, by notice in writing served on the owner or person in charge of any animal, poultry or thing —
a
prohibit or require the movement of any animal, poultry or thing;
b
require the detention or isolation of any animals, poultry or things or require animals or poultry to be kept separate from other animals or poultry;
c
require the destruction, burial, disposal or treatment of any thing;
d
require the cleansing and disinfection of any thing or require any person to disinfect himself; or
e
impose any other requirements with respect to any animal, poultry or thing,
in such manner and subject to such conditions as may be specified in the notice.
4
If, by virtue of any notice served under paragraph (2) or (3) above, any cleansing or disinfection is required to be carried out, it shall, unless the notice otherwise requires, be carried out by and at the expense of the person on whom the notice is served.
5
For the purposes of this article —
“animal” means any kind of four-footed beast;
“thing” includes any animal product, carcase, embryo, ovum, semen, poultry carcase, milk, milk product, fodder, litter, dung, straw, slurry, utensil, pen, hurdle, vehicle, equipment and clothing.
.
7
For article 46 there shall be substituted the following article —
46
1
Subject to paragraph (2) below and subject as may otherwise be expressly provided, the provisions of this order shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description, or in relation to a particular case, either that this order shall be executed and enforced by him and not the local authority or that this order shall be executed and enforced jointly by him and the local authority.
.
Effect of amendments to Part III of the 1983 Order
3
The reference to the provisions of Part III of the 1983 Order in article 29D(1) shall be construed as a reference to that order as amended hereby.
Effect of certain licences issued before the date of this Order
4
Licences issued by the Minister before the coming into force of this Order to authorise the movement of animals from premises in an infected area or a controlled area shall have effect from the coming into force of this Order as if so issued under article 18 or, as the case may be, article 31 of the 1983 Order as amended hereby.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
Signed on 3rd August 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Legal Advice and Assistance (Amendment No. 2) Regulations 2001 and shall come into force —
a
for the purposes of regulations 1 and 3 of these Regulations, on 1st April 2001; and
b
for all other purposes, on 2nd April 2001.
2
In these Regulations a reference to a regulation or Schedule by number alone means the regulation or Schedule so numbered in the Legal Advice and Assistance Regulations 1989 .
Transitional provision
2
Regulation 4 of these Regulations shall apply to work carried out on or after 2nd April 2001 and in relation to work carried out before that date the Legal Advice and Assistance Regulations 1989 shall have effect as if that regulation and this regulation had not been made.
Amendments to Legal Advice and Assistance Regulations 1989
3
In regulation 31(1) and paragraphs 2 and 4 of Schedule 5, for “clerk to the justices”, in each place where those words occur, there shall be substituted “justices' chief executive”.
4
1
Subject to paragraph (2) of this regulation, Schedule 6 shall be amended as provided in the following paragraphs of this regulation, and any reference there to a paragraph by number alone means the paragraph so numbered in Schedule 6.
2
The amendments in the following paragraphs of this regulation shall apply only to work carried out under a General Civil Contract with the Legal Services Commission, and in respect of work which is not carried out under such a contract the Legal Advice and Assistance Regulations 1989 shall have effect as if those paragraphs had not been made.
3
In paragraph 1 —
a
for “paragraphs 2, 3 and 4” there shall be substituted “2 to 4”;
b
for “within legal aid area 1”, wherever it occurs, there shall be substituted “in the Legal Services Commission’s London Region”.
4
In paragraph 2 —
a
for “paragraph 4” there shall be substituted “paragraphs 2A, 2B, 4 and 4A”;
b
after “franchisee” there shall be inserted “or provisional franchisee”;
c
for “£45.50” (Preparation) there shall be substituted “£47.80”;
d
for the words in brackets beginning “£48.25 per hour for a fee-earner” (Preparation) there shall be substituted “(£50.70 per hour for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”;
e
for “£25.50” (Travelling and waiting) there shall be substituted “£26.80”;
f
for “£3.55” (Routine letters written and telephone calls) there shall be substituted “£3.75”;
g
for the words in brackets beginning “£3.75 per item for a fee-earner” (Routine letters written and telephone calls) there shall be substituted “(£3.90 per item for a fee-earner whose office is situated in the Legal Services Commission’s London Region)”.
5
After paragraph 2, there shall be inserted —
2A
Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of immigration, mental health, education, public law, actions against the police etc. or community care, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2 —
London Region Outside London
Preparation £57.35 per hour £52.55 per hour Travel and waiting £30.30 per hour £29.45 per hour Letters written and telephone calls £4.40 per item £4.10 per item
2B
Where advice and assistance is provided by a franchisee or provisional franchisee and that advice and assistance falls within any of the categories of family, housing or employment, and that category of work is authorised as a specific category in the schedule to the contract with the Legal Services Commission under which that work is provided, the following rates shall apply instead of those contained in paragraph 2 —
London Region Outside London
Preparation £53.10 per hour £50.05 per hour Travel and waiting £28.05 per hour £28.05 per hour Letters written and telephone calls £4.10 per item £3.95 per item
.
6
Paragraph 5 shall be deleted.
Signed by authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 8th March 2001
We consent
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 8th March 2001


text:
1
This Order may be cited as the Finance Act 1996, Section 167, (Appointed Day) Order 2001.
2
The day appointed for the purposes of —
a
section 167(11) and (12) of the Finance Act 1996,
b
paragraph 8(8)(a) of Schedule 14 to the Income and Corporation Taxes Act 1988, and
c
paragraphs 8A and 18(3)(c)(i) of Schedule 15 to the Income and Corporation Taxes Act 1988,
is 1st December 2001.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
9th November 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Brooke House Sixth Form College (Government) Regulations 2001, and shall come into force on 15th October 2001.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Brooke House Sixth Form College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Margaret Hodge
Minister of State,
Department for Education and Skills
21st September 2001


text:
Citation and commencement
1
1
This Order may be cited as the Leicestershire (Recovery of Expenses) Order 2001.
2
This Order shall come into force on 1st April 2001.
Specification
2
The sum of £600 is specified for the purposes of section 35(1) of the Leicestershire Act 1985 as the maximum amount of expenses which a district council may recover from each owner of the premises.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
27th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newham Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Newham 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 Newham Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East London and The City Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East London and The City 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 Newham Community Health Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
7th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £64 £66 3(b) £64 £66 4(2) £32 £33 5(2) £64 £66 6 £5.50 £6 8(3) £1.50 £2
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd May 2001
We consent to the making of these Regulations
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th May 2001


text:
Citation and commencement
1
This Order may be cited as the New Opportunities Fund (Specification of Initiatives) Order 2001 and shall come into force on the day after the day on which it is made.
Specification of initiatives
2
1
The initiatives described in paragraphs (2) to (8) of this article are hereby specified as initiatives for the purposes of section 43B(1) of the National Lottery etc. Act 1993.
2
An initiative —
a
to provide (or improve), develop, operate and promote the use of sports facilities for school and community use, facilities for adventure activities or facilities in or connected with schools that may be used for activities connected with the arts;
b
to provide programmes intended primarily for persons who have not attained the age of 18 years that involve sporting activities.
3
An initiative to provide training and other education through programmes of adventure and other challenging activities.
4
An initiative to improve the prevention, detection, diagnosis and treatment of cancer, coronary heart disease and strokes, including by promoting awareness of, and access to, facilities for preventing, detecting, diagnosing and treating cancer, coronary heart disease and strokes, and by providing support and information services to patients and their families or others caring for them.
5
An initiative to improve the provision of palliative care to persons suffering from any form of disease, illness or disability, and to improve the provision to such persons, or to their families or others caring for them, of support and information services associated with such care, and of counselling services.
6
An initiative to provide child care and other educational facilities for children, including providing training for persons in connection with the provision of such care or facilities.
7
An initiative to improve the environment of communities, and to promote healthier lifestyles, which may in particular involve projects or arrangements designed —
a
to improve the environment in specific localities;
b
to rehabilitate (or assist in rehabilitating) people who misuse or have misused drugs;
c
to further, in local communities, the re-use, recycling and composting of waste;
d
to promote and assist in the development of —
i
the generation of electricity primarily from crops grown for the purpose, or by using offshore wind-powered generators;
ii
the provision of heat, or heat and power, in local communities.
8
An initiative (to be implemented in conjunction with another body, or other bodies, distributing money under section 25(1) of the National Lottery etc. Act 1993) to involve local people in small-scale projects in their communities that are concerned or connected with health, education or the environment.
Revocation
3
Article 3(1) of the New Opportunities Fund (Specification of Initiatives) Order 1999 (which specifies an initiative now included within provision made in this Order) is hereby revoked.
Chris Smith
Secretary of State for Culture, Media and Sport
5th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Official Listing of Securities) (Amendment) Regulations 2001, and come into force on the day on which section 74(1) of the Act comes into force.
Amendment of the Financial Services and Markets Act 2000 (Official Listing of Securities) Regulations 2001
2
1
The Financial Services and Markets Act 2000 (Official Listing of Securities) Regulations 2001 are amended as follows.
2
At the beginning of paragraph (a) of regulation 3 (bodies whose securities may not be listed) insert “where the securities are securities within the meaning of the Regulated Activities Order,”.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
18th October 2001


text:
Citation and commencement
1
This Order may be cited as the British Waterways Board (Limit for Borrowing) Order 2001 and shall come into force on the day following the day on which it is made.
Specified limit of borrowing
2
£35 million is hereby specified for the purposes of section 19(3)(iv) of the Transport Act 1962.
Revocation
3
The British Waterways Board (Limit for Borrowing) Order 1983 is revoked.
Signed by authority of the Secretary of State
Bob Ainsworth
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
19th March 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Assistance (Residential Accommodation) (Relevant Contributions) (England) Regulations 2001, and shall come into force on 1st October 2001.
2
In these Regulations —
“the 2001 Act ” means the Health and Social Care Act 2001;
“ the Act ” means the National Assistance Act 1948 ;
“the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 ; and
“resident” means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990 as needing accommodation pursuant to section 21 of the Act.
3
These Regulations extend to England only .
Relevant contributions
2
1
For the purposes of section 55 of the 2001 Act, relevant contributions shall be the part of the payments that the resident is liable to pay to the local authority that shall be determined by calculating the difference between —
a
the payments that the resident is liable to pay to the local authority, calculated in accordance with the Assessment Regulations, and
b
the payments that the resident is liable to pay to the local authority, calculated in accordance with the Assessment Regulations, but not taking into account the value of the resident’s beneficial interest in the property which he occupies or formerly occupied as his only or main residence.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th September 2001