text:
Citation and commencement
1
These Rules may be cited as the Data Protection Tribunal (National Security Appeals) (Telecommunications) Rules 2000 and shall come into force on 5th April 2000.
Application and interpretation
2
1
These Rules apply to appeals under regulation 32(4) and (6) of the Regulations , and the provisions of these Rules are to be construed accordingly.
2
In these Rules–
“ the Act ” means the Data Protection Act 1998;
“appeal” means an appeal under regulation 32 of the Regulations;
“appellant” means a person who brings or intends to bring an appeal under regulation 32 of the Regulations;
“costs”–
except in Scotland, includes fees, charges, disbursements, expenses and remuneration;
in Scotland means expenses, and includes fees, charges, disbursements and remuneration;
“disputed certification” means–
in relation to an appeal under regulation 32(4) of the Regulations, the certificate against which the appeal is brought or intended to be brought, and
in relation to an appeal under regulation 32(6) of the Regulations, the claim by the telecommunications provider, against which the appeal is brought or intended to be brought, that a certificate applies to the circumstance in question;
“party” has the meaning given in paragraph (3) below;
“president” means the person designated by the Lord Chancellor under paragraph 3 of Schedule 6 to the Act to preside when the Tribunal is constituted under that paragraph;
“proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the Act and appointed by the chairman to perform the duties of a proper officer under that rule;
“the Regulations” means the Telecommunications (Data Protection and Privacy) Regulations 1999;
“relevant Minister” means the Minister of the Crown who is responsible for the signing of the certificate under regulation 32(2) of the Regulations to which the appeal relates, and except where the context otherwise requires, references in these Rules to the relevant Minister include a person appointed under rule 21 below to represent his interests;
“respondent telecommunications provider” in relation to an appeal under regulation 32(6) of the Regulations means the telecommunications provider making the claim which constitutes the disputed certification; and
“telecommunications provider” means a telecommunications service or network provider as defined in the Regulations.
3
In these Rules, except where the context otherwise requires, “party ” means the appellant or–
a
in relation to an appeal under section 32(4) of the Regulations, the relevant Minister, and
b
in relation to an appeal under section 32(6) of the Regulations, the respondent telecommunications provider, and except where the context otherwise requires, references in these Rules to a party include a person appointed under rule 21 below to represent his interests.
4
In relation to proceedings before the Tribunal in Scotland, for the words “ on the trial of an action” in rules 15(6) and 26(2) below there is substituted “ in a proof”.
Constitution and general duty of the Tribunal
3
1
When exercising its functions under these Rules, the Tribunal shall secure that information is not disclosed contrary to the interests of national security.
2
Paragraph 6(1) of Schedule 6 to the Act applies only to the exercise of the jurisdiction of the Tribunal in accordance with rule 11 below.
3
For the purposes of paragraph (1) above, but without prejudice to the application of that paragraph, the disclosure of information is to be regarded as contrary to the interests of national security if it would indicate the existence or otherwise of any material.
Method of appealing
4
1
An appeal must be brought by a written notice of appeal served on the Tribunal.
2
The notice of appeal shall–
a
identify the disputed certification; and
b
state–
i
the name and address of the appellant;
ii
the grounds of the appeal; and
iii
an address for service of notices and other documents on the appellant.
3
In the case of an appeal under regulation 32(6) of the Regulations, the notice of appeal shall also state–
a
the date on which the respondent telecommunications provider made the claim constituting the disputed certification;
b
an address for service of notices and other documents on the respondent telecommunications provider; and
c
where applicable, the special circumstances which the appellant considers justify the Tribunal’s accepting jurisdiction under rule 5(3) below.
Time limit for appealing
5
1
In the case of an appeal under regulation 32(4) of the Regulations, a notice of appeal may be served on the Tribunal at any time during the currency of the disputed certification to which it relates.
2
In the case of an appeal under regulation 32(6) of the Regulations, subject to paragraph (3) below, a notice of appeal must be served on the Tribunal within 28 days of the date on which the claim constituting the disputed certification was made.
3
The Tribunal may accept a notice of appeal served after the expiry of the period permitted by paragraph (2) above if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
4
A notice of appeal shall if sent by post in accordance with rule 30(1) below be treated as having been served on the date on which it is received for dispatch by the Post office.
Acknowledgment of notice of appeal and notification by the Tribunal
6
1
Upon receipt of a notice of appeal, the proper officer shall send–
a
an acknowledgment of the service of a notice of appeal to the appellant, and
b
a copy of the notice of appeal to–
i
the relevant Minister,
ii
the commissioner, and
iii
in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider.
2
An acknowledgment of service under paragraph (1)(a) above shall be accompanied by a statement of the Tribunal’s powers to award costs against the appellant under rule 28 below.
Relevant Minister’s notice in reply
7
1
No later than 42 days after receipt of a copy of a notice of appeal under rule 6(1)(b) above, the relevant Minister shall send to the Tribunal–
a
a copy of the certificate to which the appeal relates, and
b
a written notice in accordance with paragraph (2) below.
2
The notice shall state–
a
with regard to an appeal under regulation 32(4) of the Regulations, whether or not he intends to oppose the appeal and, if so–
i
a summary of the circumstances relating to the issue of the certificate, and the reasons for the issue of the certificate;
ii
the grounds upon which he relies in opposing the appeal; and
iii
a statement of the evidence upon which he relies in support of those grounds; and
b
with regard to an appeal under regulation 32(6) of the Regulations, whether or not he wishes to make representations in relation to the appeal and, if so–
i
the extent to which he intends to support or oppose the appeal;
ii
the grounds upon which he relies in supporting or opposing the appeal; and
iii
a statement of the evidence upon which he relies in support of those grounds.
3
Except where the Tribunal proposes to determine the appeal in accordance with rule 11 below, and subject to rule 12 below, the proper officer shall send a copy of the notice to–
a
the appellant,
b
the Commissioner, and
c
in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider.
Reply by respondent telecommunications provider
8
1
A respondent telecommunications provider shall, within 42 days of the date on which he receives a copy of a notice of appeal under rule 6(1)(b) above, send to the Tribunal a written reply acknowledging service upon him of the notice of appeal, and stating–
a
whether or not he intends to oppose the appeal and, if so,
b
the grounds upon which he relies in opposing the appeal.
2
Before the expiry of the period of 42 days referred to in paragraph (1) above, the respondent telecommunications provider may apply to the Tribunal for an extension of that period, showing cause why, by reason of special circumstances, it would be just and right to do so, and the Tribunal may grant such extension as it considers appropriate.
3
Except where the Tribunal proposes to determine the appeal in accordance with rule 11 below, the proper officer shall send a copy of the reply to–
a
the relevant Minister; and
b
subject to paragraph (4) and rule 12 below, the appellant and the Commissioner.
4
No copy may be sent under paragraph (3)(b) above before the period of 42 days referred to in rule 12(2)(b) below has expired, otherwise than in accordance with rule 12, unless the relevant Minister has indicated that he does not object.
Amendment and supplementary grounds
9
1
With the leave of the Tribunal, the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
2
Rule 6(1) above and rule 11(1)(a) below apply to an amended notice of appeal and to supplementary grounds of appeal provided under paragraph (1) above as they do to a notice of appeal.
3
Upon receipt of a copy of an amended notice of appeal or amended grounds of appeal under rule 6(1) above, the relevant Minister may amend his notice in reply and, in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider, may amend his reply to the notice of appeal.
4
An amended notice or reply under paragraph (3) above must be sent to the Tribunal within 28 days of the date on which the copy referred to in that paragraph is received.
5
Without prejudice to paragraph (3) above, and with the leave of the Tribunal–
a
the relevant Minister may amend a notice in reply, and
b
the respondent telecommunications provider may amend a reply to the notice of appeal.
6
Rule 7(3) above and rules 11(1)(b) and 12(1)(a) below apply to an amended notice in reply by the relevant Minister provided under paragraph (3) or (5) above as they do to a notice in reply.
7
Rule 8(3) and (4) above and rules 11(1)(c) and 12(1)(b) below apply to an amended reply by the respondent telecommunications provider provided under paragraph (3) or (5) above as they do to a reply.
Application for striking out
10
1
Where the relevant Minister or, in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider is of the opinion that an appeal does not lie to, or cannot be entertained by, the Tribunal, or that the notice of appeal discloses no reasonable grounds of appeal, he may include in his notice under rule 7 or, as the case may be, his reply under rule 8 above a notice to that effect stating the grounds for such contention and applying for the appeal to be struck out.
2
An application under this rule may be heard as a preliminary issue or at the beginning of the hearing of the substantive appeal.
Summary disposal of appeals
11
1
Where, having considered–
a
the notice of appeal,
b
the relevant Minister’s notice under rule 7 above, and
c
in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunication provider’s reply,
the Tribunal is of the opinion that the appeal is of such a nature that it can properly be determined by dismissing it forthwith, it may, subject to the provisions of this rule, so determine the appeal.
2
Where the Tribunal proposes to determine an appeal under paragraph (1) above, it must first notify the appellant and the relevant Minister of the proposal.
3
A notification to the appellant under paragraph (2) above must contain particulars of the appellant’s entitlements set out in paragraph (4) below.
4
An appellant notified in accordance with paragraph (2) above is entitled, within such time as the Tribunal may reasonably allow–
a
to make written representations, and
b
to request the Tribunal to hear oral representations
against the proposal to determine the appeal under paragraph (1) above.
5
Where an appellant requests a hearing under paragraph (4)(b) above, the Tribunal shall, as soon as practicable and with due regard to the convenience of the appellant, appoint a time and place for a hearing accordingly.
6
The proper officer shall send to the appellant a notice informing him of–
a
the time and place of any hearing under paragraph (5) above, which, unless the appellant otherwise agrees, shall not be earlier than 14 days after the date on which the notice is sent, and
b
the effect of rule 22 below.
7
The Tribunal must as soon as practicable notify the appellant and the relevant Minister if, having given a notification under paragraph (2) above, it ceases to propose to determine the appeal under paragraph (1) above.
Relevant Minister’s objection to disclosure
12
1
Where the relevant Minister objects, on grounds of the need to secure that information is not disclosed contrary to the interests of national security, to the disclosure of–
a
his notice in reply to the appellant, the Commissioner or, in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider; or
b
the reply of a respondent telecommunications provider to the appellant or the Commissioner,
he may send a notice of objection to the Tribunal.
2
A notice of objection under paragraph (1) above must be sent–
a
where paragraph (1)(a) above applies, with the notice in reply; and
b
where paragraph (1)(b) above applies, within 42 days of the date on which he receives the copy mentioned in rule 8(3) above.
3
A notice of objection under paragraph (1) above shall–
a
state the reasons for the objection; and
b
where paragraph (1)(a) above applies, if and to the extent it is possible to do so without disclosing information contrary to the interests of national security, be accompanied by a version of the relevant Minister’s notice in a form which can be shown to the appellant, the Commissioner or, as the case may be, the respondent telecommunications provider.
4
Where the relevant Minister sends a notice of objection under paragraph (1) above, the Tribunal must not disclose the material in question otherwise than in accordance with rule 17 below.
Withdrawal of appeal
13
1
The appellant may at any time withdraw his appeal by sending to the Tribunal a notice of withdrawal signed by him or on his behalf, and the proper officer shall send a copy of that notice to–
a
the relevant Minister,
b
the Commissioner, and
c
in the case of an appeal under regulation 32(6) of the Regulations, the respondent telecommunications provider.
2
A notice of withdrawal shall if sent by post in accordance with rule 30(1) below have effect on the date on which it is received for dispatch by the Post Office.
3
Where an appeal is withdrawn under this rule a fresh appeal may not be brought by the same appellant in relation to the same disputed certification except with the leave of the Tribunal.
Consolidation of appeals
14
1
Subject to paragraph (2) below, where in the case of two or more appeals to which these Rules apply it appears to the Tribunal–
a
that some common question of law or fact arises in both or all of them, or
b
that for some other reason it is desirable to proceed with the appeals under this rule,
the Tribunal may order that the appeals be consolidated or heard together.
2
The Tribunal shall not make an order under this rule without giving the parties and the relevant Minister an opportunity to show cause why such an order should not be made.
Directions
15
1
This rule is subject to rule 16 below.
2
In this rule, references to a “party” include the relevant Minister notwithstanding that he may not be a party to an appeal under regulation 32(6) of the Regulations.
3
Subject to paragraphs (6) and (7) below, the Tribunal may at any time of its own motion or on the application of any party give such directions as it thinks proper to enable the parties to prepare for the hearing of the appeal or to assist the Tribunal to determine the issues.
4
Such directions may in particular–
a
provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;
b
provide for–
i
the exchange between the parties of lists of documents held by them which are relevant to the appeal,
ii
the inspection by the parties of the documents so listed,
iii
the exchange between the parties of statements of evidence, and
iv
the provision by the parties to the Tribunal of statements or lists of agreed matters;
c
require any party to send to the Tribunal and to the other parties–
i
statements of facts and statements of the evidence which will be adduced, including such statements provided in a modified or edited form;
ii
a skeleton argument which summarises the submissions which will be made and cites the authorities which will be relied upon, identifying any particular passages to be relied upon;
iii
a chronology of events;
iv
any other particulars or supplementary statements which may reasonably be required for the determination of the appeal;
v
any document or other material which the Tribunal may require and which it is in the power of that party to deliver;
vi
an estimate of the time which will be needed for any hearing; and
vii
a list of the witnesses he intends to call to give evidence at any hearing;
d
limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses; and
e
limit the number of expert witnesses to be heard on either side.
5
The Tribunal may, subject to any specific provisions of these Rules, specify time limits for steps to be taken in the proceedings and may extend any time limit.
6
Nothing in this rule may require the production of any document or other material which the party could not be compelled to produce on the trial of an action in a court of law in that part of the United Kingdom where the appeal is to be determined.
7
It shall be a condition of the supply of any information or material provided under this rule that any recipient of that information or material may use it only for the purposes of the appeal.
8
The power to give directions may be exercised in the absence of the parties.
9
Notice of any directions given under this rule shall be served on all the parties, and the Tribunal may, on the application of any party, set aside or vary such directions.
Applications by relevant Minister
16
1
This rule applies in any case where the Tribunal proposes to–
a
give or vary any direction under rule 15 above or rule 18(2) below,
b
issue a summons under rule 20 below, or
c
certify or publish a determination under rule 27 below.
2
Before the Tribunal proceeds as proposed in any case to which this rule applies, it must first notify the relevant Minister of the proposal.
3
If the relevant Minister considers that proceeding as proposed by the Tribunal would cause information to be disclosed contrary to the interests of national security, he may make an application to the Tribunal requesting it to reconsider the proposal or reconsider it to any extent.
4
An application by the relevant Minister under paragraph (3) above must be made within 14 days of receipt of notification under paragraph (2), and the Tribunal must not proceed as proposed in any case to which this rule applies before that period has expired, otherwise than in accordance with rule 17 below, unless the relevant Minister has indicated that he does not object.
5
Where the relevant Minister makes an application under this rule, the Tribunal must not proceed as proposed otherwise than in accordance with rule 17 below.
Determinations on relevant Minister’s objections and applications
17
1
Except where rule 11 above applies, the Tribunal shall determine whether to uphold any objection of the relevant Minister under rule 12 above, and any application under rule 16 above, in accordance with this rule.
2
Subject to paragraph (3) below, proceedings under this rule shall take place in the absence of the parties.
3
The relevant Minister (or a person authorised to act on his behalf), may attend any proceedings under this rule, whether or not he is a party to the appeal in question.
4
An objection under rule 12 above must be considered under this rule as a preliminary issue, and an application under rule 16 above may be considered as a preliminary issue or at the hearing of the substantive appeal.
5
Where, in the case of an objection under rule 12 above, the Tribunal is minded to overrule the relevant Minister’s objection, or to require him to provide a version of his notice in a form other than that in which he provided it under rule 12(3)(b) above, the Tribunal must invite the relevant Minister to make oral representations.
6
Where the Tribunal under paragraph (5) above overrules an objection by the relevant Minister under rule 12 above, or requires him to provide a version of his notice in a form other than that in which he provided it under rule 12(3)(b) above, the Tribunal shall not disclose, and the relevant Minister shall not be required to disclose, any material which was the subject of the unsuccessful objection if the relevant Minister chooses not to rely upon it in opposing the appeal.
7
Where, in the case of an objection under rule 12 above, the Tribunal upholds the relevant Minister’s objection and either–
a
approves the version of his notice provided under rule 12(3)(b); or
b
requires him to provide a version of his notice in a form other than that in which he provided it under rule 12(3)(b),
rule 7(3) above applies to that version of the notice.
Power to determine without a hearing
18
1
Without prejudice to rule 11 above, where either–
a
the parties so agree in writing, or
b
it appears to the Tribunal that the issues raised on the appeal have been determined on a previous appeal brought by the appellant on the basis of facts which did not materially differ from those to which the appeal relates and the Tribunal has given the parties an opportunity of making representations to the effect that the appeal ought not to be determined without a hearing,
the Tribunal may determine an appeal, or any particular issue, without a hearing.
2
Before determining any matter under this rule, the Tribunal may, subject to rule 16 above, if it thinks fit direct any party to provide in writing further information about any matter relevant to the appeal within such time as the Tribunal may allow.
Time and place of hearings
19
1
Except where rule 11 or 18 above applies, as soon as practicable after notice of appeal has been given, and with due regard to the convenience of the parties, the Tribunal shall appoint a time and place for a hearing of the appeal.
2
Except in relation to a hearing under rule 11(5) above, the proper officer shall send to each party, the Commissioner and the relevant Minister a notice informing him of the time and place of any hearing, which, unless the parties otherwise agree, shall not be earlier than 14 days after the date on which the notice is sent.
3
A notice to a party under this rule shall inform him of the effect of rule 22 below.
4
The Tribunal may–
a
postpone the time appointed for any hearing;
b
adjourn a hearing to such time as the Tribunal may determine; or
c
alter the place appointed for any hearing;
and, if it exercises any of the above powers, it shall notify each person previously notified of that hearing under this rule or rule 11(6) above, and any person summoned under rule 20 below to attend as a witness at that hearing, of the revised arrangements.
Summoning of witnesses
20
1
This rule is subject to rule 16 above.
2
Subject to paragraph (3) below, the Tribunal may by summons require any person in the United Kingdom to attend as a witness at a hearing of an appeal at such time and place as may be specified in the summons and, subject to rule 26(2) and (3) below, at the hearing to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal.
3
No person shall be required to attend in obedience to a summons under paragraph (2) above unless he has been given at least 7 days' notice of the hearing or, if less than 7 days, he has informed the Tribunal that he accepts such notice as he has been given.
4
The Tribunal may upon the application of a person summoned under this rule set the summons aside.
5
A person who has attended a hearing as a witness in obedience to a summons shall be entitled to such sum as the Tribunal considers reasonable in respect of his attendance at, and his travelling to and from, the hearing; and where the summons was issued at the request of a party such sum shall be paid or tendered to him by that party.
6
In relation to proceedings before the Tribunal in Scotland, in this rule “ summons” means citation and the provisions of this rule are to be construed accordingly.
Representation at a hearing
21
1
At any hearing by the Tribunal, other than a hearing under rule 11 above–
a
a party may, subject to rules 17(2) above and 23(3) below, conduct his case himself or may appear and be represented by any person whom he may appoint for the purpose, and
b
the relevant Minister may appear and be represented by any person whom he may appoint for the purpose.
2
At any hearing by the Tribunal under rule 11(5) above, the appellant may conduct his case himself or may appear and be represented by any person whom he may appoint for the purpose.
Default of appearance at hearing
22
If, without furnishing the Tribunal with sufficient reason for his absence, a party fails to appear at a hearing, having been duly notified of the hearing, the Tribunal may, if that party is the appellant, dismiss the appeal or, in any case, hear and determine the appeal, or any particular issue, in the party’s absence and may make such order as to costs as it thinks fit.
Hearings to be in private
23
1
All hearings by the Tribunal (including preliminary hearings) shall be in private unless the Tribunal, with the consent of the parties and the relevant Minister, directs that the hearing or any part of the hearing shall take place in public.
2
Where the Tribunal sits in private it may, with the consent of the parties and the relevant Minister, admit to a hearing such persons on such terms and conditions as it considers appropriate.
3
Where the Tribunal considers it necessary for any party other than the relevant Minister to be excluded from proceedings or any part of them in order to secure that information is not disclosed contrary to the interests of national security, it must–
a
direct accordingly,
b
inform the person excluded of its reasons, to the extent that it is possible to do so without disclosing information contrary to the interests of national security, and record those reasons in writing, and
c
inform the relevant Minister.
4
The relevant Minister, or a person authorised to act on his behalf, may attend any hearing, other than a hearing under rule 11 above, notwithstanding that it is in private.
Conduct of proceedings at hearing
24
1
Subject to rules 22 and 23(3) above, the Tribunal shall at the hearing of an appeal give to each party and the relevant Minister an opportunity–
a
to address the Tribunal and to amplify orally written statements previously furnished under these Rules, to give evidence and to call witnesses, and to put questions to any person giving evidence before the Tribunal, and
b
to make representations on the evidence (if any) and on the subject matter of the appeal generally but, where evidence is taken, such opportunity shall not be given before the completion of the taking of evidence.
2
Except as provided by these Rules, the Tribunal shall conduct the proceedings in such manner as it considers appropriate in the circumstances for discharging its functions and shall so far as appears to it appropriate seek to avoid formality in its proceedings.
Preliminary and incidental matters
25
As regards matters preliminary or incidental to an appeal the president may act for the Tribunal under rules 5(3), 8(2), 9, 13 to 15, 19(1) and (4)(a) and (c) and 20.
Evidence
26
1
The Tribunal may receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law.
2
No person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce on the trial of an action in a court of law in that part of the United Kingdom where the appeal is to be determined.
3
The Tribunal may require oral evidence of a witness (including a party) to be given on oath or affirmation and for that purpose the president or the proper officer shall have power to administer oaths or take affirmations.
Determination of appeal
27
1
As soon as practicable after the Tribunal has determined an appeal, the president shall certify in writing that determination and sign and date the certificate.
2
If and to the extent that it is possible to do so without disclosing information contrary to the interests of national security, and subject to rule 16 above, the certificate shall include–
a
any material finding of fact, and
b
the reasons for the decision.
3
The proper officer shall send a copy of the certificate to–
a
the parties,
b
the relevant Minister, and
c
the Commissioner.
4
Subject to rule 16 above, the Tribunal shall make arrangements for the publication of its determination but in doing so shall have regard to–
a
the desirability of safeguarding the privacy of data subjects and commercially sensitive information, and
b
the need to secure that information is not disclosed contrary to the interests of national security,
and for those purposes may make any necessary amendments to the text of the certificate.
5
For the purposes of this rule (but without prejudice to it generally), the disclosure of information is to be regarded as contrary to the interests of national security if it would indicate the existence or otherwise of any material.
Costs
28
1
In any appeal before the Tribunal, including one withdrawn under rule 13 above, the Tribunal may make an order awarding costs–
a
in the case of an appeal under regulation 32(4) of the Regulations–
i
against the appellant and in favour of the relevant Minister where it considers that the appeal was manifestly unreasonable;
ii
against the relevant Minister and in favour of the appellant where it allows the appeal and quashes the disputed certification, or does so to any extent;
b
in the case of an appeal under regulation 32(6) of the Regulations–
i
against the appellant and in favour of any other party where it dismisses the appeal or dismisses it to any extent;
ii
in favour of the appellant and against any other party where it allows the appeal or allows it to any extent; and
c
where it considers that a party has been responsible for frivolous, vexatious, improper or unreasonable action, or for any failure to comply with a direction or any delay which with diligence could have been avoided, against that party and in favour of the other.
2
The Tribunal shall not make an order under paragraph (1) above awarding costs against a party without first giving that party an opportunity of making representations against the making of the order.
3
An order under paragraph (1) above may be to the party or parties in question to pay to the other party or parties either a specified sum in respect of the costs incurred by that other party or parties in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).
4
Any costs required by an order under this rule to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.
5
In relation to proceedings before the Tribunal in Scotland, for the purposes of the application of paragraph (4) above, for the reference to the county court and the county court rules there shall be substituted references to the sheriff court and the sheriff court rules and for the reference to proceedings there shall be substituted a reference to civil proceedings.
Irregularities
29
1
Any irregularity resulting from failure to comply with any provision of these Rules or of any direction of the Tribunal before the Tribunal has reached its decision shall not of itself render the proceedings void, but the Tribunal may, and shall if it considers that any person may have been prejudiced by that irregularity, give such directions or take such steps as it thinks fit before reaching its decision to cure or waive the irregularity, whether by amendment of any document, the giving of notice or otherwise.
2
Clerical mistakes in any document recording or certifying a direction, decision or determination of the Tribunal or president, or errors arising in such a document from an accidental slip or omission, may at any time be corrected by the president by certificate signed by him.
Notices etc.
30
1
Any notice or other document required or authorised by these Rules to be served on or sent to any person or authority may be sent by post in a registered letter or by the recorded delivery service–
a
in the case of the Tribunal, to the proper officer of the Tribunal;
b
in the case of an appellant or a respondent telecommunications provider, to him at his address for service under these Rules;
c
in the case of the relevant Minister or the Commissioner, to him at his office.
2
An appellant or respondent telecommunications provider may at any time by notice to the Tribunal change his address for service under these Rules.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
9th March 2000


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
These Regulations may be cited as the Cattle (Identification of Older Animals) Regulations 2000; they extend to England only and shall come into force on 1st December 2000.
Interpretation
2
1
In these Regulations —
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“cattle” means bovine animals including the species bison bison and bubalus bubalis ;
“holding” means any establishment, construction or, in the case of an open-air farm, any place in which cattle are held, kept or handled;
“identity of the animal” means the ear tag or tattoo number given in accordance with —
the Bovine Animals (Records, Identification and Movement) Order 1995 ;
the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ;
the Tuberculosis (England and Wales) Order 1984 ;
(for animals in England which were identified in Scotland) the Turberculosis (Scotland) Order 1984 ; or
(for animals identified under any of those instruments and re-identified under the Cattle Identification Regulations 1998 ) the Cattle Identification Regulations 1998;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority;
“keeper” means any person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market but does not include any person who is only a keeper because he is transporting the animals;
“local authority” means —
where there is a unitary authority within the meaning of the Local Government Changes for England Regulations 1994 , that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough the council of that borough; and
in the City of London, the Common Council;
“Regulation ( EC ) No. 1760/2000 ” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 .
2
Any authorisation or notice under these Regulations shall be in writing, may be subject to conditions and may be suspended, amended or revoked by notice in writing at any time.
Competent authority
3
The Minister shall be the competent authority to whom reports shall be made in accordance with the second indent of Article 7.1 of Regulation (EC) No. 1760/2000 for cattle to which these Regulations apply.
Address for notification
4
1
All notifications to the Minister under these Regulations sent by post using a movement card shall be sent to the address printed on that movement card.
2
Any other notification shall be sent to —
The British Cattle Movement Service
Curwen Road
Workington
Cumbria
CA14 2DD
Registration of cattle born before 1st July 1996
5
1
Any person who is a keeper of cattle which were born before 1st July 1996 and which are not already registered with the Minister on a voluntary basis shall register them with the Minister before 29th January 2001.
2
Registration shall be by filling in a form reasonably approved by the Minister for the purpose with the following information for each animal:
a
its identity;
b
its sex;
c
its date of birth (if the exact date of birth is not known, the approximate date if known);
d
its breed; and
e
country of origin, if known;
and by sending that form by post to the British Cattle Movement Service at the address in regulation 4.
3
The Minister shall issue movement cards and a registration certificate in relation to each animal.
4
The keeper shall keep the registration certificate until he sells the animal or until the animal dies or is slaughtered. If he sells the animal he shall give the registration certificate to the buyer. If the animal dies or is slaughtered, the keeper at the time of death or slaughter shall send the registration certificate to the Minister in accordance with regulation 9 below.
Notification of location of cattle not issued with movement cards
6
1
The keeper of all cattle which were issued with passports without movement cards and which have not subsequently been issued with movement cards by the Minister shall notify the Minister of the holding on which they are kept before 29th January 2001 using a form reasonably approved by the Minister.
2
The Minister shall issue movement cards in relation to each animal registered.
Movement of cattle born before 28th September 1998
7
1
This regulation shall apply in relation to all cattle born before 28th September 1998 which have been issued with movement cards by the Minister.
2
The notification of movement of cattle to which this regulation applies (in accordance with the second indent of Article 7.1 of Regulation (EC) No. 1760/2000 ) shall be by the keeper —
a
affixing to one of the movement cards issued by the Minister in relation to that animal a bar code label identifying the keeper’s holding and provided for the purpose by the Minister (unless it is not practicable to do so, in which case the person notifying the movement shall write on the movement card the holding number, the address of the holding and the name of the keeper);
b
indicating on the movement card whether the movement is on or off a holding (or, in the case of a market operator, indicating on the movement card that the animal has moved through the market);
c
entering the date of the movement on the movement card;
d
signing it; and
e
posting it to the Minister within seven days of the movement.
3
If an animal to which this regulation applies is transferred to a new keeper, the previous keeper shall give all unused movement cards relating to that animal to the new keeper.
4
No person shall move cattle on to or off a holding on or after 29th January 2001 unless he notifies the Minister of the movement on a movement card as specified in paragraph (2) above.
Electronic notification of movement
8
1
The Minister may authorise any person to notify movement by electronic means rather than by post.
2
An authorisation under this regulation —
a
shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time; and
b
shall specify the format in which the data shall be transmitted and the method of transmission.
3
Notification by electronic means shall be made within the period specified for postal notification.
4
The Minister shall maintain a register of persons authorised under this regulation which shall be available to any person on request.
5
The Minister may make a reasonable charge for the provision of information from the register kept under this regulation.
Notification of death
9
In the case of cattle born before 1st July 1996 the notification of death in accordance with the second indent of Article 7.1 of Regulation (EC) No. 1760/2000 shall be by the keeper noting the death and the holding on which the animal died on the registration certificate issued by the Minister for that animal and sending it to the British Cattle Movement Service within seven days of the death.
Powers of inspectors
10
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (other than domestic premises not being used in connection with these Regulations) for the purposes of ascertaining whether there is or has been any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Title I of Regulation (EC) No. 1760/2000 , and in particular may —
a
collect, pen and inspect any cattle, and may require the keeper to arrange for the collection, penning and securing of cattle;
b
examine any records in whatever form, and take copies of those records;
c
remove and retain any documents and records relating to the matters covered in these Regulations;
d
have access to, and inspect and check the operation of, any computer and any associated apparatus which is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;
e
where records are kept by means of a computer, require the records to be produced in a form in which they may be taken away; and
f
take with him a representative of the European Commission acting for the purposes of Title I of Regulation (EC) No. 1760/2000 or any other person he considers necessary for the enforcement of these Regulations.
Powers to restrict movements
11
1
If there is a breach of these Regulations, in accordance with the second paragraph of Article 22.1 of Regulation (EC) No. 1760/2000 , an officer of the Minister may serve a notice on a keeper of cattle to which these Regulations relate and which are on a holding, restricting the movement of cattle to or from that holding if he is satisfied that this is necessary for the proper enforcement of Article 7.1, second indent of that Regulation.
2
If there is a breach of these Regulations, the Minister shall be the veterinary authority and the competent authority for the purposes of Article 1.2 of Commission Regulation (EC) No. 494/98 (laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals) .
Obstruction
12
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or fail to comply with any notice served on him under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading;
and any person who contravenes or fails to comply with this regulation shall be guilty of an offence.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
13
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity;
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences and penalties
14
1
A person contravening regulation 12(1)(a) or (b) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
A person contravening any other provision of these Regulations or any notice served under these Regulations shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
15
These Regulations shall be enforced by the Minister or the local authority.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
6th November 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Dairy Products (Hygiene) (Charges) (Amendment) (England) Regulations 2000 and shall come into force on 10th May 2000.
2
These Regulations apply to England.
Amendment of the Dairy Products (Hygiene) (Charges) Regulations 1995
2
The Dairy Products (Hygiene) (Charges) Regulations 1995 shall be amended (in so far as they apply to England) in accordance with regulations 3 to 5 below.
3
In regulation 2 (interpretation) —
a
the definition of “dairy farm visit” and the associated definitions of “sampling dairy farm visit” and “general dairy farm visit” shall be omitted;
b
the following definition shall be inserted after the definition of “registered production holding” —
“sampling dairy farm visit” means a visit to a registered production holding by an inspector for the purpose of taking samples of milk for analysis and examination to ascertain whether paragraph 2(b) of Part I of Schedule 4 (as read with regulation 9(1)(d) and (2)(a)) to the principal Regulations is being complied with;
.
4
In regulation 3 (liability to charges) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
For the purposes of carrying out any sampling, analysis and examination of raw cows' milk which is drinking milk in pursuance of regulation 16(3) of the principal Regulations and subject to paragraph (2) below, there shall be due from a specified producer to the Agency in respect of any sampling dairy farm visit a charge of £63.
;
b
in paragraph (2) sub-paragraph (a) shall be omitted.
5
The Schedule shall be omitted.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State for Health,
Department of Health
4th May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Insurance Companies) (Amendment) Regulations 2000 and shall come into force on 22nd August 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Individual Savings Account (Insurance Companies) Regulations 1998 and “ regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
After regulation 12 there shall be inserted the following regulation —
12A
In section 434(1A) there shall be added at the end the words “but this subsection shall not apply in relation to distributions in respect of which an insurance company is entitled to a tax credit in respect of its individual savings account business.”.
4
For regulation 14 there shall be substituted the following regulation —
14
In section 438 —
a
in subsection (1) there shall be added at the end the words “ or individual savings account business”;
b
subsection (4) shall be omitted.
.
5
After regulation 21 there shall be inserted the following regulation —
21A
In paragraph 9(1) of Schedule 19AC , in the notionally inserted subsection (1D) of section 434, there shall be added at the end the words “but this subsection shall not apply in relation to distributions in respect of which an overseas life insurance company is entitled to a tax credit in respect of its individual savings account business.”.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000


text:
Citation and commencement
1
This Order may be cited as the Regulation of Bus Services in Greater London (Transitional Provisions) Order 2000 and shall come into force on 28th June 2000.
Interpretation
2
In this Order —
“the 1985 Act ” means the Transport Act 1985 ;
“the 1999 Act ” means the Greater London Authority Act 1999;
“London local service” has the meaning given by section 34(1) of the 1985 Act;
“London local service licence” has the same meaning as in Part II of the 1985 Act; and
“transitional period” means the period which begins with 3rd July 2000 and ends with the last day on which a London local service licence granted under the 1985 Act ceases to be in force.
London local service licences
3
1
During the transitional period, Part II of the 1985 Act shall have effect with the following modifications —
a
in section 35, subsections (1), (2) and (6) shall be omitted;
b
section 36 shall be omitted; and
c
in section 37, after subsection (1) there shall be inserted the subsection (1A) set out in paragraph (2).
2
That subsection is —
1A
The commissioner shall not grant a licence under this section in pursuance of any application received on or after 3rd July 2000.
3
Part II of the 1985 Act shall cease to have effect immediately after the end of the transitional period.
Provision of London local services
4
1
During the transitional period, Chapter V of Part IV of the 1999 Act shall have effect with the following modifications.
2
Section 180 shall have effect as if for subsection (1) there were substituted —
1
No London local service may be provided —
a
except in accordance with the provisions of this Chapter, or
b
under a London local service licence granted in accordance with the provisions of Part II of the Transport Act 1985.
3
Section 185(1) shall have effect as if at the end there were added “or by a London local service licence granted in accordance with the provisions of Part II of the Transport Act 1985”.
Continuation of licence pending determination of application for permit
5
1
Where —
a
a London local service licence granted in accordance with the provisions of Part II of the 1985 Act is due to expire on or after 3rd July 2000, and
b
on the date on which the licence is due to expire, an application has been made under section 186 of the 1999 Act for the grant of a new London service permit in substitution for the licence,
subsections (2) to (4) of section 190 of the 1999 Act (continuation in force of existing permit pending determination of application for new permit) shall have effect in relation to the licence as if it were a London service permit.
2
Paragraph (1) is without prejudice to section 40 of the 1985 Act (revocation or suspension of licences).
Agreements under section 3 of the London Regional Transport Act 1984
6
Where —
a
an agreement entered into by London Regional Transport under section 3 of the London Regional Transport Act 1984 is in force on 2nd July 2000,
b
the agreement is one in pursuance of which a London local service falls to be provided, and
c
at any time on or after 3rd July 2000, the rights and liabilities of London Regional Transport under the agreement are for the time being vested in Transport for London,
the agreement shall, at any time when those rights and liabilities are so vested, be treated for the purposes of sections 181(4)(b) and 182(1) of the 1999 Act (the London bus network and London local service agreements) as an agreement entered into by Transport for London under section 156(2) of the 1999 Act.
The guidance document
7
1
The Secretary of State shall, before 3rd July 2000, prepare and adopt such a document as is mentioned in section 185(2) of the 1999 Act.
2
Any such document prepared and adopted by the Secretary of State by virtue of paragraph (1) is in the following provisions of this article referred to as “the Secretary of State’s interim guidance document”.
3
During the interim guidance period, any reference in the 1999 Act to the guidance document shall be taken (subject to the other provisions of this article) as a reference to the Secretary of State’s interim guidance document.
4
During the interim guidance period, the functions of the Mayor under section 185(3) and (4) of the 1999 Act (review, revision and re-publication) in relation to the guidance document shall be functions of the Secretary of State (and not of the Mayor) in relation to the Secretary of State’s interim guidance document.
5
Section 191 of the 1999 Act (consultation) shall not apply in relation to the Secretary of State’s interim guidance document.
6
Subsections (1) to (3) of section 192 of the 1999 Act (publication, construction of references etc. ) shall apply in relation to the Secretary of State and the Secretary of State’s interim guidance document as they apply in relation to the Mayor and the guidance document.
7
The Secretary of State shall send a copy of the current version of the Secretary of State’s interim guidance document to —
a
the Mayor;
b
the Assembly;
c
Transport for London;
d
the Common Council; and
e
each London borough council.
8
In consequence of the preceding provisions of this article —
a
section 192(4) of the 1999 Act (time limit for adoption) does not apply in relation to the Secretary of State’s interim guidance document; and
b
section 192(5) of that Act (bodies to whom copies are to be sent) does not apply in relation to the current version of the Secretary of State’s interim guidance document.
9
Nothing in this article affects the duty of the Mayor to prepare and adopt in accordance with sections 191 and 192 of the 1999 Act such a document as is mentioned in section 185(2) of that Act (the guidance document).
10
In this article, “the interim guidance period” means the period which —
a
begins with the day on which the Secretary of State’s interim guidance document is adopted; and
b
ends with the day preceding that on which the Mayor adopts the guidance document.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th June 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority (Limitation of Salaries) Order 2000 and shall come into force on 8th May 2000.
Interpretation
2
For the purposes of this Order “relevant remuneration” means a salary payable —
a
pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House; or
b
under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of MEPs ).
Limit on salaries of Authority members
3
If relevant remuneration is payable to a person who is the Mayor or an Assembly member, the amount of any salary which would, but for the provisions of this Order, be payable to that person under section 24 of the Greater London Authority Act 1999 shall be reduced to two thirds of what it would otherwise be.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Elections (Expenses) Order 2000 and shall come into force on the day after the day on which it is made.
Third parties' expenses
2
In relation to an Authority election, for the monetary sum specified in section 75(1)(ii) of the Representation of the People Act 1983 (limit on expenses incurred by a person other than a candidate, agent, or person authorised by an agent), there shall be substituted the following sums —
a
in relation to an election of the Mayor of London £25,000;
b
in relation to an election of a constituency member of the London Assembly £1,800; and
c
in relation to an election of the London members of the London Assembly at an ordinary election £25,000.
Candidates' and agents' expenses
3
As respects Authority elections the maximum amounts of the sums which may be paid and the expenses which may be incurred by a candidate or his election agent shall be as follows —
a
£420,000 for a candidate in an election of the Mayor of London;
b
£35,000 for a candidate in an election of a constituency member of the London Assembly;
c
£330,000 for an individual candidate in an election of the London members of the London Assembly at an ordinary election;
d
£330,000 for the purposes of section 76(1A) of the Representation of the People Act 1983 (expenses of candidates to be London Members of the London Assembly on a list submitted by a registered political party).
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment,Transport and the Regions
16th March 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) (England) (No. 2) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations apply to local authorities in England only.
Increase of allowances
2
1
Regulation 18 of the Local Authorities (Members' Allowances) Regulations 1991 is amended–
a
in paragraph (1) (attendance allowance), by the substitution, for “ £29.48”, of “£30.39”; and
b
in paragraph (2) (financial loss allowance)–
i
in sub-paragraph (a), by the substitution for “£26.24” of “ £27.65”; and
ii
in sub-paragraphs (b) and (c), by the substitution for “£52.49 ” of “£55.31”.
2
The amendments made by paragraph (1) shall have effect in respect of approved duties performed on or after 1st April 2000.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) (No. 2) Regulations 1999 are revoked insofar as they relate to local authorities in England.
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
7th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Waltham Forest (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 Waltham Forest;
“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 Waltham Forest (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 Waltham Forest
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty 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 name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
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.
Revocation
3
The London Borough of Waltham Forest (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
10th February 2000


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Amendment No. 2) (England) Regulations 2000 and shall come into force on 25th May 2000.
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 shall be amended by the substitution of the following regulation for regulation 13:
13
The Secretary of State may determine the standards against which persons who have completed an induction period shall be assessed for the purpose of deciding whether they have satisfactorily completed their induction period, and he may determine different standards in relation to different categories of persons.
.
Estelle Morris
Minister of State,
Department for Education and Employment
4th May 2000


text:
Citation, commencement and effect
1
This Order may be cited as the Overseas Life Assurance Fund (Amendment) Order 2000, shall come into force on 1st September 2000, and shall have effect in relation to accounting periods of a company beginning on or after 1st January 2000 and ending on or after 1st September 2000.
Interpretation
2
In this Order, “Schedule 19AA” means Schedule 19AA to the Income and Corporation Taxes Act 1988 (overseas life assurance fund) and “Schedule 19AC” means Schedule 19AC to that Act (modification of Act in relation to overseas life insurance companies).
Amendments to Schedule 19AA
3
1
Amend paragraph 4 of Schedule 19AA as follows.
2
In sub-paragraph (1) for the definition of “B” substitute —
B is the aggregate of —
the appropriate part of the investment reserve at that time, and
the appropriate part of any liabilities of the company’s long term business fund at that time which represent a money debt,
.
3
For sub-paragraph (2) substitute —
2
In sub-paragraph (1) above, in B, the “appropriate part” of the company’s investment reserve at the end of the period of account, or of any liabilities of its long term business fund at that time which represent a money debt, is —
a
where none (or none but an insignificant proportion) of the liabilities of the company’s long term business at that time are with-profits liabilities, the part which bears to the whole the proportion A/B; and
b
in any other case, the part which bears to the whole the proportion C/D.
For this purpose —
A is the amount of the liabilities of the company’s overseas life assurance business at the end of the period of account,
B is the whole amount of the liabilities of the company’s long term business at that time,
C is the amount of the with-profits liabilities of the company’s overseas life assurance business at that time, and
D is the whole amount of the with-profits liabilities of the company’s long-term business at that time.
4
After sub-paragraph (4) insert —
5
In this paragraph —
“investment reserve”, in relation to an insurance company, means the excess of the value of the assets of the company’s long term business over the aggregate of —
the liabilities of that business, and
any liabilities of the long term business fund which represent a money debt;
“money debt” has the same meaning as in Chapter II of Part IV of the Finance Act 1996 .
4
1
Amend paragraph 5 of Schedule 19AA as follows.
2
In sub-paragraph (5) —
a
in paragraph (b) for “liabilities” substitute “non-linked liabilities ”;
b
for paragraphs (c) to (g) substitute —
c
assets, other than land in the United Kingdom, which —
i
are shown in the books of the company as being held as assets of a fund where all, or all but an insignificant part, of the liabilities of the fund are in respect of overseas life assurance business carried on by the company at or through a branch or agency outside the United Kingdom; or
ii
are managed under the control of a person whose normal place of work is at a branch or agency outside the United Kingdom at or through which the company carries on overseas life assurance business;
d
assets other than land in the United Kingdom;
e
land in the United Kingdom;
.
3
After sub-paragraph (6) insert —
6A
For the purposes of sub-paragraph (5)(b) above “non-linked liabilities” means liabilities other than liabilities in respect of benefits to be determined by reference to the value of linked assets.
4
Omit sub-paragraph (7).
Amendments to Schedule 19AC
5
1
Amend paragraph 14A of Schedule 19AC as follows.
2
In paragraph (2) in the paragraph 6 treated as inserted at the end of Schedule 19AA —
a
omit “and” immediately after sub-paragraph (a);
b
immediately after sub-paragraph (b) insert
and
c
the references in paragraph 4 to any liabilities of the company’s long term business fund which represent a money debt were to any such of those liabilities as are attributable to the branch or agency;
.
Consequential revocations and repeal
6
1
In consequence of the amendments made by Articles 3(3) and 4(2)(b) of this Order, Articles 4(2) and 5(b), (c) and (d) of the Overseas Life Assurance (Amendment) Order 1994 are revoked.
2
In consequence of the amendment made by Article 4(4) of this Order, paragraph 4 of Schedule 28 to the Finance Act 1996 (substitution of paragraph 5(7) of Schedule 19AA) is repealed.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
10th August 2000


text:
Citation and commencement
1
This Order may be cited as the East Manchester Education Action Zone (Variation) Order 2000 and shall come into force on 15th January 2001.
Variation and Amendment of the East Manchester Education Action Zone Order 1999
2
1
The East Manchester Education Action Zone Order 1999 shall be varied in accordance with paragraph (2) of this article, and amended in accordance with paragraph (3).
2
In Schedule 2 before the words “Church of England School of the Resurrection” there shall be inserted the words “Cedar Mount School, Matthews Lane, Gorton, Manchester M18 7SP — DfEE no 4293.”
3
There shall be inserted after article 9 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 article 4(a), if that person ceases to be a governor at that zone school;
b
in the case of a member appointed pursuant to article 4(a), if any of the schools referred to in those paragraphs are 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(a) or (b), if that person no longer appears to the Forum to represent either providers of training and development support to young persons, or the interests of business, 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(c), (d) or (e), if that person is no longer a member of a teaching or non-teaching union representing employees working in zone schools, or the parent of a registered pupil attending a zone school, as the case may be.
Estelle Morris
Minister of State
Department for Education and Employment
16th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds Teaching Hospitals National Health Service Trust (Transfer 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 Leeds Teaching Hospitals National Health Service Trust ;
“the NHS trust” means the Leeds Teaching Hospitals National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 8th 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 NHS trust 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.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) Regulations 2000 and shall come into force on 13th November 2000.
Amendment of the Social Fund Winter Fuel Payment Regulations 2000
2
In the Social Fund Winter Fuel Payment Regulations 2000 —
a
in regulation 1 (citation, commencement and interpretation) —
i
in paragraph (2), the definition of “residential care home” shall be omitted;
ii
in paragraph (3) —
aa
for the words “In these” there shall be substituted the words “Subject to paragraph (3A), in these”; and
bb
for the word “lives” there shall be substituted the word “resides”;
iii
after paragraph (3) there shall be inserted the following paragraph —
3A
For the purposes of paragraph (3)(a)(i) —
a
paragraph 2A(3) of Schedule 2 to the Income Support Regulations (applicable amounts) shall apply as if —
i
for the words “sub-paragraph (2), but subject to sub-paragraph (4),” there were substituted the words “regulation 1(3)(a)(i) of the Social Fund Winter Fuel Payment Regulations 2000”; and
ii
the words from “and a person resides in” to the end of that sub-paragraph were omitted; and
b
a person who resides in an establishment which is not a residential care home shall be treated as residing in a residential care home during any period when he has a preserved right under regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes).
; and
b
in regulation 3(1)(a)(i) (persons not entitled to a social fund winter fuel payment), for the words “of a person” there shall be substituted the words “of, and living with, a person”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
19th October 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children (Access to Lists) (Prescribed Individuals) Regulations 2000, and come into force on 9th October 2000.
2
In these Regulations —
a
“the Adoption Agencies Regulations ” means the Adoption Agencies Regulations 1983 , and
b
“prospective adopter” has the same meaning as in regulation 1(3) of the Adoption Agencies Regulations.
Prescribed individuals
2
For the purposes of section 103(2)(b) of the Care Standards Act 2000, a prospective adopter whose suitability to adopt a child is being considered pursuant to regulation 8(1) of the Adoption Agencies Regulations is an individual of a prescribed description.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
15th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Banking Act 1987 (Exempt Transactions) (Amendment) Regulations 2000 and shall come into force on 1st April 2000.
Revocation
2
Regulation 7 of, and Schedule 1 to, the Banking Act 1987 (Exempt Transactions) Regulations 1997 are hereby revoked.
Greg Pope
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000