text:
General
Citation and commencement
1
These Regulations may be cited as the Asylum Support Regulations 2000 and shall come into force on 3rd April 2000.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Immigration and Asylum Act 1999;
“asylum support” means support provided under section 95 of the Act;
“dependant” has the meaning given by paragraphs (4) and (5);
“the interim Regulations ” means the Asylum Support (Interim Provisions) Regulations 1999 ;
“married couple” means a man and woman who are married to each other and are members of the same household; and
“unmarried couple” means a man and woman who, though not married to each other, are living together as if married.
2
The period of 14 days is prescribed for the purposes of section 94(3) of the Act (day on which a claim for asylum is determined).
3
Paragraph (2) does not apply in relation to a case to which the interim Regulations apply (for which case, provision corresponding to paragraph (2) is made by regulation 2(6) of those Regulations).
4
In these Regulations “dependant”, in relation to an asylum-seeker, a supported person or an applicant for asylum support, means, subject to paragraph (5), a person in the United Kingdom (“the relevant person”) who —
a
is his spouse;
b
is a child of his or of his spouse, is dependant on him and is, or was at the relevant time, under 18;
c
is a member of his or his spouse’s close family and is, or was at the relevant time, under 18;
d
had been living as part of his household —
i
for at least six of the twelve months before the relevant time, or
ii
since birth,
and is, or was at the relevant time, under 18;
e
is in need of care and attention from him or a member of his household by reason of a disability and would fall within sub-paragraph (c) or (d) but for the fact that he is not, and was not at the relevant time, under 18;
f
had been living with him as a member of an unmarried couple for at least two of the three years before the relevant time;
g
is living as part of his household and was, immediately before 6th December 1999 (the date when the interim Regulations came into force), receiving assistance from a local authority under section 17 of the Children Act 1989 ;
h
is living as part of his household and was, immediately before the coming into force of these Regulations, receiving assistance from a local authority under —
i
section 22 of the Children (Scotland) Act 1995 ; or
ii
Article 18 of the Children (Northern Ireland) Order 1995 ; or
i
has made a claim for leave to enter or remain in the United Kingdom, or for variation of any such leave, which is being considered on the basis that he is dependant on the asylum-seeker;
and in relation to a supported person, or an applicant for asylum support, who is himself a dependant of an asylum-seeker, also includes the asylum-seeker if in the United Kingdom.
5
Where a supported person or applicant for asylum support is himself a dependant of an asylum-seeker, a person who would otherwise be a dependant of the supported person, or of the applicant, for the purposes of these Regulations is not such a dependant unless he is also a dependant of the asylum-seeker or is the asylum-seeker.
6
In paragraph (4), “the relevant time”, in relation to the relevant person, means —
a
the time when an application for asylum support for him was made in accordance with regulation 3(3); or
b
if he has joined a person who is already a supported person in the United Kingdom and sub-paragraph (a) does not apply, the time when he joined that person in the United Kingdom.
7
Where a person, by falling within a particular category in relation to an asylum-seeker or supported person, is by virtue of this regulation a dependant of the asylum-seeker or supported person for the purposes of these Regulations, that category is also a prescribed category for the purposes of paragraph (c) of the definition of “dependant” in section 94(1) of the Act and, accordingly, the person is a dependant of the asylum-seeker or supported person for the purposes of Part VI of the Act.
8
Paragraph (7) does not apply to a person who is already a dependant of the asylum-seeker or supported person for the purposes of Part VI of the Act because he falls within either of the categories mentioned in paragraphs (a) and (b) of the definition of “dependant” in section 94(1) of the Act.
9
Paragraph (7) does not apply for the purposes of any reference to a “dependant” in Schedule 9 to the Act.
Initial application for support
Initial application for support: individual and group applications
3
1
Either of the following —
a
an asylum-seeker, or
b
a dependant of an asylum-seeker,
may apply to the Secretary of State for asylum support.
2
An application under this regulation may be —
a
for asylum support for the applicant alone; or
b
for asylum support for the applicant and one or more dependants of his.
3
The application must be made by completing in full and in English the form for the time being issued by the Secretary of State for the purpose; and any form so issued shall be the form shown in the Schedule to these Regulations or a form to the like effect.
4
The application may not be entertained by the Secretary of State unless it is made in accordance with paragraph (3).
5
The Secretary of State may make further enquiries of the applicant about any matter connected with the application.
6
Paragraphs (3) and (4) do not apply where a person is already a supported person and asylum support is sought for a dependant of his for whom such support is not already provided (for which case, provision is made by regulation 15).
Persons excluded from support
4
1
The following circumstances are prescribed for the purposes of subsection (2) of section 95 of the Act as circumstances where a person who would otherwise fall within subsection (1) of that section is excluded from that subsection (and, accordingly, may not be provided with asylum support).
2
A person is so excluded if he is applying for asylum support for himself alone and he falls within paragraph (4) by virtue of any sub-paragraph of that paragraph.
3
A person is so excluded if —
a
he is applying for asylum support for himself and other persons, or he is included in an application for asylum support made by a person other than himself;
b
he falls within paragraph (4) (by virtue of any sub-paragraph of that paragraph); and
c
each of the other persons to whom the application relates also falls within paragraph (4) (by virtue of any sub-paragraph of that paragraph).
4
A person falls within this paragraph if at the time when the application is determined —
a
he is a person to whom interim support applies; or
b
he is a person to whom social security benefits apply; or
c
he has not made a claim for leave to enter or remain in the United Kingdom, or for variation of any such leave, which is being considered on the basis that he is an asylum-seeker or dependent on an asylum-seeker.
5
For the purposes of paragraph (4), interim support applies to a person if —
a
at the time when the application is determined, he is a person to whom, under the interim Regulations, support under regulation 3 of those Regulations must be provided by a local authority;
b
sub-paragraph (a) does not apply, but would do so if the person had been determined by the local authority concerned to be an eligible person; or
c
sub-paragraph (a) does not apply, but would do so but for the fact that the person’s support under those Regulations was (otherwise than by virtue of regulation 7(1)(d) of those Regulations) refused under regulation 7, or suspended or discontinued under regulation 8, of those Regulations;
and in this paragraph “local authority”, “local authority concerned” and “eligible person” have the same meanings as in the interim Regulations.
6
For the purposes of paragraph (4), a person is a person to whom social security benefits apply if he is —
a
a person who by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 is not excluded by section 115(1) of the Act from entitlement to —
i
income-based jobseeker’s allowance under the Jobseekers Act 1995 ; or
ii
income support, housing benefit or council tax benefit under the Social Security Contributions and Benefits Act 1992 ;
b
a person who, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 is not excluded by section 115(2) of the Act from entitlement to —
i
income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 ; or
ii
income support or housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
7
A person is not to be regarded as falling within paragraph (2) or (3) if, when asylum support is sought for him, he is a dependant of a person who is already a supported person.
8
The circumstances prescribed by paragraphs (2) and (3) are also prescribed for the purposes of section 95(2), as applied by section 98(3), of the Act as circumstances where a person who would otherwise fall within subsection (1) of section 98 is excluded from that subsection (and, accordingly, may not be provided with temporary support under section 98).
9
For the purposes of paragraph (8), paragraphs (2) and (3) shall apply as if any reference to an application for asylum support were a reference to an application for support under section 98 of the Act.
Determining whether persons are destitute
Determination where application relates to more than one person, etc.
5
1
Subject to paragraph (2), where an application in accordance with regulation 3(3) is for asylum support for the applicant and one or more dependants of his, in applying section 95(1) of the Act the Secretary of State must decide whether the applicant and all those dependants, taken together, are destitute or likely to become destitute within the period prescribed by regulation 7.
2
Where a person is a supported person, and the question falls to be determined whether asylum support should in future be provided for him and one or more other persons who are his dependants and are —
a
persons for whom asylum support is also being provided when that question falls to be determined; or
b
persons for whom the Secretary of State is then considering whether asylum support should be provided,
in applying section 95(1) of the Act the Secretary of State must decide whether the supported person and all those dependants, taken together, are destitute or likely to become destitute within the period prescribed by regulation 7.
Income and assets to be taken into account
6
1
This regulation applies where it falls to the Secretary of State to determine for the purposes of section 95(1) of the Act whether —
a
a person applying for asylum support, or such an applicant and any dependants of his, or
b
a supported person, or such a person and any dependants of his,
is or are destitute or likely to become so within the period prescribed by regulation 7.
2
In this regulation “the principal” means the applicant for asylum support (where paragraph (1)(a) applies) or the supported person (where paragraph (1)(b) applies).
3
The Secretary of State must ignore —
a
any asylum support, and
b
any support under section 98 of the Act,
which the principal or any dependant of his is provided with or, where the question is whether destitution is likely within a particular period, might be provided with in that period.
4
But he must take into account —
a
any other income which the principal, or any dependant of his, has or might reasonably be expected to have in that period;
b
any other support which is available to the principal or any dependant of his, or might reasonably be expected to be so available in that period; and
c
any assets mentioned in paragraph (5) (whether held in the United Kingdom or elsewhere) which are available to the principal or any dependant of his otherwise than by way of asylum support or support under section 98, or might reasonably be expected to be so available in that period.
5
Those assets are —
a
cash;
b
savings;
c
investments;
d
land;
e
cars or other vehicles; and
f
goods held for the purpose of a trade or other business.
6
The Secretary of State must ignore any assets not mentioned in paragraph (5).
Period within which applicant must be likely to become destitute
7
The period prescribed for the purposes of section 95(1) of the Act is —
a
where the question whether a person or persons is or are destitute or likely to become so falls to be determined in relation to an application for asylum support and sub-paragraph (b) does not apply, 14 days beginning with the day on which that question falls to be determined;
b
where that question falls to be determined in relation to a supported person, or in relation to persons including a supported person, 56 days beginning with the day on which that question falls to be determined.
Adequacy of existing accommodation
8
1
Subject to paragraph (2), the matters mentioned in paragraph (3) are prescribed for the purposes of subsection (5)(a) of section 95 of the Act as matters to which the Secretary of State must have regard in determining for the purposes of that section whether the accommodation of —
a
a person applying for asylum support, or
b
a supported person for whom accommodation is not for the time being provided by way of asylum support,
is adequate.
2
The matters mentioned in paragraph (3)(a) and (d) to (g) are not so prescribed for the purposes of a case where the person indicates to the Secretary of State that he wishes to remain in the accommodation.
3
The matters referred to in paragraph (1) are —
a
whether it would be reasonable for the person to continue to occupy the accommodation;
b
whether the accommodation is affordable for him;
c
whether the accommodation is provided under section 98 of the Act, or otherwise on an emergency basis, only while the claim for asylum support is being determined;
d
whether the person can secure entry to the accommodation;
e
where the accommodation consists of a moveable structure, vehicle or vessel designed or adapted for human habitation, whether there is a place where the person is entitled or permitted both to place it and reside in it;
f
whether the accommodation is available for occupation by the person’s dependants together with him;
g
whether it is probable that the person’s continued occupation of the accommodation will lead to domestic violence against him or any of his dependants.
4
In determining whether it would be reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority where the accommodation is.
5
In determining whether a person’s accommodation is affordable for him, the Secretary of State must have regard to —
a
any income, or any assets mentioned in regulation 6(5) (whether held in the United Kingdom or elsewhere), which is or are available to him or any dependant of his otherwise than by way of asylum support or support under section 98 of the Act, or might reasonably be expected to be so available;
b
the costs in respect of the accommodation; and
c
the person’s other reasonable living expenses.
6
In this regulation —
a
“domestic violence” means violence from a person who is or has been a close family member, or threats of violence from such a person which are likely to be carried out; and
b
“district of the local housing authority” has the meaning given by section 217(3) of the Housing Act 1996 .
7
The reference in paragraph (1) to subsection (5)(a) of section 95 of the Act does not include a reference to that provision as applied by section 98(3) of the Act.
Essential living needs
9
1
The matter mentioned in paragraph (2) is prescribed for the purposes of subsection (7)(b) of section 95 of the Act as a matter to which the Secretary of State may not have regard in determining for the purposes of that section whether a person’s essential living needs (other than accommodation) are met.
2
That matter is his personal preference as to clothing (but this shall not be taken to prevent the Secretary of State from taking into account his individual circumstances as regards clothing).
3
None of the items and expenses mentioned in paragraph (4) is to be treated as being an essential living need of a person for the purposes of Part VI of the Act.
4
Those items and expenses are —
a
the cost of faxes;
b
computers and the cost of computer facilities;
c
the cost of photocopying;
d
travel expenses, except the expense mentioned in paragraph (5);
e
toys and other recreational items;
f
entertainment expenses.
5
The expense excepted from paragraph (4)(d) is the expense of an initial journey from a place in the United Kingdom to accommodation provided by way of asylum support or (where accommodation is not so provided) to an address in the United Kingdom which has been notified to the Secretary of State as the address where the person intends to live.
6
Paragraph (3) shall not be taken to affect the question whether any item or expense not mentioned in paragraph (4) or (5) is, or is not, an essential living need.
7
The reference in paragraph (1) to subsection (7)(b) of section 95 of the Act includes a reference to that provision as applied by section 98(3) of the Act and, accordingly, the reference in paragraph (1) to “that section” includes a reference to section 98.
Provision of support
Kind and levels of support for essential living needs
10
1
This regulation applies where the Secretary of State has decided that asylum support should be provided in respect of the essential living needs of a person.
2
As a general rule, asylum support in respect of the essential living needs of that person may be expected to be provided weekly in the form of vouchers redeemable for goods, services and cash whose total redemption value, for any week, equals the amount shown in the second column of the following Table opposite the entry in the first column which for the time being describes that person.
TABLE
Qualifying couple £57.37 Lone parent aged 18 or over £36.54 Single person aged 25 or over £36.54 Single person aged at least 18 but under 25 £28.95 Person aged at least 16 but under 18 (except a member of a qualifying couple) £31.75 Person aged under 16 £26.60
3
In paragraph (1) and the provisions of paragraph (2) preceding the Table, “person” includes “couple”.
4
In this regulation —
a
“qualifying couple” means a married or unmarried couple at least one of whom is aged 18 or over and neither of whom is aged under 16;
b
“lone parent” means a parent who is not a member of a married or unmarried couple;
c
“single person” means a person who is not a parent or a member of a qualifying couple; and
d
“parent” means a parent of a relevant child, that is to say a child who is aged under 18 and for whom asylum support is provided.
5
Where the Secretary of State has decided that accommodation should be provided for a person (or couple) by way of asylum support, and the accommodation is provided in a form which also meets other essential living needs (such as bed and breakfast, or half or full board), the amounts shown in the Table in paragraph (2) shall be treated as reduced accordingly.
6
The redemption value of the vouchers redeemable for cash which the Secretary of State may be expected to include in the asylum support provided for any week in accordance with paragraph (2) may, as a general rule, be expected not to exceed £10 per person (or, as the case may be, £20 per qualifying couple).
Additional single payments in respect of essential living needs
11
1
At the end of each qualifying period, the Secretary of State may as a general rule be expected to provide, or arrange for the provision of, additional support for an eligible person (in respect of his essential living needs) in the form of a single issue of vouchers redeemable for cash whose total redemption value equals £50.
2
In paragraph (1) “eligible person” means a person for whom asylum support has been provided for the whole of the qualifying period.
3
Each of the following is a qualifying period —
a
the period of six months beginning with the day on which asylum support was first provided for the person; and
b
each period of six months beginning with a re-start day.
4
Each of the following is a re-start day —
a
the day after the day on which the period mentioned in paragraph (3)(a) ends; and
b
the day after the day on which a period mentioned in paragraph (3)(b) ends.
5
Paragraph (1) applies only if an application for the additional support is made to the Secretary of State by or on behalf of the eligible person.
6
Where a person is, in the opinion of the Secretary of State, responsible without reasonable excuse for a delay in the determination of his claim for asylum, the Secretary of State may treat any qualifying period as extended by the period of delay.
Income and assets to be taken into account in providing support
12
1
This regulation applies where it falls to the Secretary of State to decide the level or kind of asylum support to be provided for —
a
a person applying for asylum support, or such an applicant and any dependants of his; or
b
a supported person, or such a person and any dependants of his.
2
In this regulation “the principal” means the applicant for asylum support (where paragraph (1)(a) applies) or the supported person (where paragraph (1)(b) applies).
3
The Secretary of State must take into account —
a
any income which the principal or any dependant of his has or might reasonably be expected to have,
b
support which is or might reasonably be expected to be available to the principal or any dependant of his, and
c
any assets mentioned in regulation 6(5) (whether held in the United Kingdom or elsewhere) which are or might reasonably be expected to be available to the principal or any dependant of his,
otherwise than by way of asylum support.
Accommodation
13
1
The matters mentioned in paragraph (2) are prescribed for the purposes of subsection (2)(b) of section 97 of the Act as matters to which regard may not be had when exercising the power under section 95 of the Act to provide accommodation for a person.
2
Those matters are —
a
his personal preference as to the nature of the accommodation to be provided; and
b
his personal preference as to the nature and standard of fixtures and fittings;
but this shall not be taken to prevent the person’s individual circumstances, as they relate to his accommodation needs, being taken into account.
Services
14
1
The services mentioned in pararaph (2) may be provided or made available by way of asylum support to persons who are otherwise receiving such support, but may be so provided only for the purpose of maintaining good order among such persons.
2
Those services are —
a
education, including English language lessons,
b
sporting or other developmental activities.
Change of circumstances
Change of circumstances
15
1
If a relevant change of circumstances occurs, the supported person concerned or a dependant of his must, without delay, notify the Secretary of State of that change of circumstances.
2
A relevant change of circumstances occurs where a supported person or a dependant of his —
a
is joined in the United Kingdom by a dependant or, as the case may be, another dependant, of the supported person;
b
receives or gains access to any money, or other asset mentioned in regulation 6(5), that has not previously been declared to the Secretary of State;
c
becomes employed;
d
becomes unemployed;
e
changes his name;
f
gets married;
g
starts living with a person as if married to that person;
h
gets divorced;
i
separates from a spouse, or from a person with whom he has been living as if married to that person;
j
becomes pregnant;
k
has a child;
l
leaves school;
m
starts to share his accommodation with another person;
n
moves to a different address, or otherwise leaves his accommodation;
o
goes into hospital;
p
goes to prison or is otherwise held in custody;
q
leaves the United Kingdom; or
r
dies.
3
If, on being notified of a change of circumstances, the Secretary of State considers that the change may be one —
a
as a result of which asylum support should be provided for a person for whom it was not provided before, or
b
as a result of which asylum support should no longer be provided for a person, or
c
which may otherwise affect the asylum support which should be provided for a person,
he may make further enquiries of the supported person or dependant who gave the notification.
4
The Secretary of State may, in particular, require that person to provide him with such information as he considers necessary to determine whether, and if so, what, asylum support should be provided for any person.
Contributions
Contributions
16
1
This regulation applies where, in deciding the level of asylum support to be provided for a person who is or will be a supported person, the Secretary of State is required to take into account income, support or assets as mentioned in regulation 12(3).
2
The Secretary of State may —
a
set the asylum support for that person at a level which does not reflect the income, support or assets; and
b
require from that person payments by way of contributions towards the cost of the provision for him of asylum support.
3
A supported person must make to the Secretary of State such payments by way of contributions as the Secretary of State may require under paragraph (2).
4
Prompt payment of such contributions may be made a condition (under section 95(9) of the Act) subject to which asylum support for that person is provided.
Recovery of sums by Secretary of State
Recovery where assets become realisable
17
1
This regulation applies where it appears to the Secretary of State at any time (the relevant time) —
a
that a supported person had, at the time when he applied for asylum support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but
b
that those assets have subsequently become, and remain, capable of being realised.
2
The Secretary of State may recover from that person a sum not exceeding the recoverable sum.
3
Subject to paragraph (5), the recoverable sum is a sum equal to whichever is the less of —
a
the monetary value of all the asylum support provided to the person up to the relevant time; and
b
the monetary value of the assets concerned.
4
As well as being recoverable as mentioned in paragraph 11(2)(a) of Schedule 8 to the Act, an amount recoverable under this regulation may be recovered by deduction from asylum support.
5
The recoverable sum shall be treated as reduced by any amount which the Secretary of State has by virtue of this regulation already recovered from the person concerned (whether by deduction or otherwise) with regard to the assets concerned.
Overpayments: method of recovery
18
As well as being recoverable as mentioned in subsection (3) of section 114 of the Act, an amount recoverable under subsection (2) of that section may be recovered by deduction from asylum support.
Breach of conditions and suspension and discontinuation of support
Breach of conditions: decision whether to provide support
19
1
When deciding —
a
whether to provide, or to continue to provide, asylum support for any person or persons, or
b
the level or kind of support to be provided for any person or persons,
the Secretary of State may take into account the extent to which any relevant condition has been complied with.
2
A relevant condition is a condition subject to which asylum support for that person or any of those persons is being, or has previously been, provided.
Suspension or discontinuation of support
20
1
Asylum support for a supported person and his dependants (if any), or for one or more dependants of a supported person, may be suspended or discontinued if —
a
the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his has failed without reasonable excuse to comply with any condition subject to which the asylum support is provided;
b
the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his has committed an offence under Part VI of the Act;
c
the Secretary of State has reasonable grounds to suspect that the supported person has intentionally made himself and his dependants (if any) destitute;
d
the supported person or any dependant of his for whom asylum support is being provided ceases to reside at the authorised address; or
e
the supported person or any dependant of his for whom asylum support is being provided is absent from the authorised address —
i
for more than seven consecutive days and nights, or
ii
for a total of more than 14 days and nights in any six month period,
without the permission of the Secretary of State.
2
For the purposes of this regulation, a person has intentionally made himself destitute if he appears to be, or to be likely to become within the period prescribed by regulation 7, destitute as a result of an act or omission deliberately done or made by him or any dependant of his without reasonable excuse while in the United Kingdom.
3
For the purposes of this regulation, the authorised address is —
a
the accommodation provided for the supported person and his dependants (if any) by way of asylum support; or
b
if no accommodation is so provided, the address notified by the supported person to the Secretary of State in his application for asylum support or, where a change of his address has been notified to the Secretary of State under regulation 15, the address for the time being so notified.
Effect of previous suspension or discontinuation
21
1
Where —
a
an application for asylum support is made,
b
the applicant or any other person to whom the application relates has previously had his asylum support suspended or discontinued under regulation 20, and
c
there has been no material change of circumstances since the suspension or discontinuation,
the application need not be entertained unless the Secretary of State considers that there are exceptional circumstances which justify its being entertained.
2
A material change of circumstances is one which, if the applicant were a supported person, would have to be notified to the Secretary of State under regulation 15.
3
This regulation is without prejudice to the power of the Secretary of State to refuse the application even if he has entertained it.
Notice to quit
Notice to quit
22
1
If —
a
as a result of asylum support, a person has a tenancy or licence to occupy accommodation,
b
one or more of the conditions mentioned in paragraph (2) is satisfied, and
c
he is given notice to quit in accordance with paragraph (3) or (4),
his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.
2
The conditions are that —
a
the asylum support is suspended or discontinued as a result of any provision of regulation 20;
b
the relevant claim for asylum has been determined;
c
the supported person has ceased to be destitute; or
d
he is to be moved to other accommodation.
3
A notice to quit is in accordance with this paragraph if it is in writing and —
a
in a case where sub-paragraph (a), (c) or (d) of paragraph (2) applies, specifies as the notice period a period of not less than seven days; or
b
in a case where the Secretary of State has notified his decision on the relevant claim for asylum to the claimant, specifies as the notice period a period at least as long as whichever is the greater of —
i
seven days; or
ii
the period beginning with the date of service of the notice to quit and ending with the date of determination of the relevant claim for asylum (found in accordance with section 94(3) of the Act).
4
A notice to quit is in accordance with this paragraph if —
a
it is in writing;
b
it specifies as the notice period a period of less than seven days; and
c
the circumstances of the case are such that that notice period is justified.
Meaning of “destitute” for certain other purposes
Meaning of “destitute” for certain other purposes
23
1
In this regulation “the relevant enactments” means —
a
section 21(1A) of the National Assistance Act 1948 ;
b
section 45(4A) of the Health Services and Public Health Act 1968 ;
c
paragraph 2(2A) of Schedule 8 to the National Health Service Act 1977 ;
d
sections 12(2A), 13A(4) and 13B(3) of the Social Work (Scotland) Act 1968 ;
e
sections 7(3) and 8(4) of the Mental Health (Scotland) Act 1984 ; and
f
Articles 7(3) and 15(6) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
2
The following provisions of this regulation apply where it falls to an authority, or the Department, to determine for the purposes of any of the relevant enactments whether a person is destitute.
3
Paragraphs (3) to (6) of regulation 6 apply as they apply in the case mentioned in paragraph (1) of that regulation, but as if references to the principal were references to the person whose destitution or otherwise is being determined and references to the Secretary of State were references to the authority or (as the case may be) Department.
4
The matters mentioned in paragraph (3) of regulation 8 (read with paragraphs (4) to (6) of that regulation) are prescribed for the purposes of subsection (5)(a) of section 95 of the Act, as applied for the purposes of any of the relevant enactments, as matters to which regard must be had in determining for the purposes of any of the relevant enactments whether a person’s accommodation is adequate.
5
The matter mentioned in paragraph (2) of regulation 9 is prescribed for the purposes of subsection (7)(b) of section 95 of the Act, as applied for the purposes of any of the relevant enactments, as a matter to which regard may not be had in determining for the purposes of any of the relevant enactments whether a person’s essential living needs (other than accommodation) are met.
6
Paragraphs (3) to (6) of regulation 9 shall apply as if the reference in paragraph (3) to Part VI of the Act included a reference to the relevant enactments.
7
The references in regulations 8(5) and 9(2) to the Secretary of State shall be construed, for the purposes of this regulation, as references to the authority or (as the case may be) Department.
Barbara Roche
Minister of State
Home Office
6th March 2000


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
This Order may be cited as the Enzootic Bovine Leukosis (England) Order 2000 and shall come into force on 1st September 2000.
2
This Order extends to England only.
Interpretation
2
1
In this Order —
“affected animal” means a bovine animal that is affected with enzootic bovine leukosis or is infected with the bovine leukosis virus;
“officer” means a veterinary inspector or other officer of the Minister;
“approved laboratory” means a laboratory approved by the Minister to carry out testing of milk bought in England for evidence of the presence of enzootic bovine leukosis;
“approved slaughterhouse” means a slaughterhouse approved by an officer for the slaughter of reactors;
“bovine animal” means a bull, cow, steer, heifer or calf;
“carcase” means the carcase of a bovine animal and includes part of a carcase and the meat, bones, hideskin, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof;
“Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are situated;
“premises” includes land, with or without buildings;
“suspected animal” means a bovine animal that is suspected of being affected with enzootic bovine leukosis because —
it is exhibiting swollen, painless lymph nodes or tumorous changes (other than haemangiomas, papillomas or warts) in parts of its body; or
a haematological examination of the animal has disclosed a lymphocyte count within the range specified in the Schedule to this Order; or
any other test carried out on the animal has indicated the possible presence of infection with the bovine leukosis virus;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966 .
2
For the purposes of the Animal Health Act 1981 in its application to this Order, the definition of “disease” in section 88(1) is hereby extended to include all forms of bovine leukosis.
3
All notices, licences or approvals issued under this Order shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Notification of disease in bovine animals
3
1
A person who has in his possession or under his control an affected or suspected animal, or a veterinary surgeon who examines any such animal shall with all practicable speed give notice of that fact to —
a
an inspector of the local authority; or
b
the Divisional Veterinary Manager.
2
Where notice under paragraph (1) of this article is given to an inspector of the local authority, he shall immediately inform the Divisional Veterinary Manager.
3
A person who has in his possession or under his charge an affected animal or a suspected animal shall detain it on the premises where it is kept until it has been examined by a veterinary inspector.
Notification of disease in carcases
4
1
Any person who has in his possession or under his charge the carcase of an affected or suspected animal, showing signs of tumorous changes (other than haemangiomas, papillomas or warts) in the lymph nodes or any part thereof, shall with all practicable speed, give notice of that fact to the Divisional Veterinary Manager responsible for that area.
2
A person who has in his possession or under his charge a carcase to which paragraph (1) of this article applies, shall detain it on the premises where it is kept until it has been examined by a veterinary inspector or until a veterinary inspector has determined that an inspection is not required.
Notification of disease in laboratory samples
5
1
Subject to paragraph (2) below, where by reason of a laboratory examination of a sample taken from a bovine animal, evidence of the existence of enzootic bovine leukosis is identified, the person in charge of the laboratory shall, within 24 hours, notify the Divisional Veterinary Manager of the area from which the sample was taken or in which the laboratory is situated, of that fact.
2
The obligation to give notification in paragraph (1) shall not apply where enzootic bovine leukosis has been deliberately introduced into a laboratory sample.
Sampling of milk for testing for evidence of enzootic bovine leukosis
6
1
Any person who buys milk in England in any form for resale as milk or milk products from the owner or person in charge of a herd of dairy cows shall —
a
select an approved laboratory to carry out testing of such milk for enzootic bovine leukosis;
b
notify the Minister of the laboratory selected;
c
once every five years and at his own expense, submit two samples of milk to that laboratory for testing for evidence of enzootic bovine leukosis. The samples shall be taken at least four months apart and shall include milk from all the dairy cows in that herd whose milk is available for sale;
d
add such preservative to the sample as may be requested by the person in charge of the laboratory;
e
ensure that the sample is labelled with —
i
a bar code or other device which enables the laboratory to identify the herd or part of a herd from which the sample was taken; and
ii
the date on which the sample was taken.
2
A person is exempt from the duty imposed by paragraph (1) above, if he only purchases pre-packed raw milk for resale —
a
in the container in which he received it with the fastenings unbroken;
b
from a vehicle which is lawfully used as shop premises; and
c
direct to the ultimate consumer.
3
In paragraph (2) above, “ultimate consumer” means any person who buys milk other than for the purposes of —
i
resale;
ii
a catering establishment; or
iii
a manufacturing business.
4
No person shall in any way treat, other than by adding preservative in accordance with paragraph (1)(d) above, or tamper with any sample or its label and a person shall be deemed to have treated or tampered with a sample if he does anything in relation to it which is likely to affect the result of the testing required under this article.
5
The person in charge of an approved laboratory shall comply with the following provisions of this paragraph as a condition of the approval —
a
he shall maintain a record of the herds from which milk is sent for testing under paragraph (1) above;
b
he shall immediately notify the Minister if a sample is not received when due from one of the herds listed in the records held under sub-paragraph (a) above;
c
he shall notify the Minister within 24 hours where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is positive;
d
he shall notify the Minister within one month where a sample has been tested for evidence of the existence of enzootic bovine leukosis and the result is negative; and
e
he shall maintain a record of the result of all the tests carried out for evidence of the existence of enzootic bovine leukosis for a period of one year from the date of the test.
6
If any person fails to take any action required of him under the provisions of paragraph (1) above, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, take or cause to be taken such action and any expenses reasonably incurred by him in so doing shall be recoverable by the Minister from the person in default.
Veterinary inquiry as to the existence of enzootic bovine leukosis
7
1
Where by reason of information received under articles 3, 4, 5, or 6 or otherwise, there is reason to believe that enzootic bovine leukosis exists or has within the previous 56 days existed on any premises, a veterinary inspector shall, with all practicable speed, take such steps as may be necessary to establish —
a
whether that disease is enzootic bovine leukosis;
b
the length of time that the disease has existed on the premises; and
c
the possible origin of the disease on the premises.
2
Where a veterinary inspector is carrying out an inquiry under this article as to the existence of enzootic bovine leukosis —
a
the occupier of the premises in relation to which the inquiry is taking place, and his employees;
b
any person who is or has been in possession or charge of any bovine animal which is or has been on such premises; and
c
any veterinary surgeon who has been attending any bovine animal on those premises or has been consulted about any bovine animal or carcase kept on those premises
shall give such reasonable facilities and comply with such reasonable requirements as may be necessary for the purpose of the inquiry.
3
A veterinary inspector entering premises under the provisions of this article shall, if required by the occupier or person in charge of bovine animals on the premises, state his reasons for entering.
Powers of veterinary inspectors to prohibit or control movement of bovine animals
8
If a veterinary inspector has reasonable grounds for believing that the movement of any bovine animal from any place may give rise to the risk of enzootic bovine leukosis being spread he may, for the purpose of preventing the spread of that disease, serve a notice on the owner or occupier of that place or the owner or person in charge of the bovine animal, —
a
prohibiting the movement of that animal;
b
requiring physical separation from other bovine animals on the premises;
c
imposing such conditions in respect of its movement as he may consider expedient.
Marking of affected animals
9
1
The owner or person in charge of bovine animals kept on any premises shall, if so required by notice served by a veterinary inspector, mark his animals in accordance with the requirements of the veterinary inspector.
2
A veterinary inspector may paint, stamp, clip, tag or otherwise mark bovine animals kept on any premises.
3
No person shall alter, remove, obliterate, deface or attempt to alter, remove, obliterate or deface any such mark.
Cleansing and disinfection
10
1
A veterinary inspector may serve a notice on the occupier of any premises where there is or has been an affected or suspected animal, or the carcase of such an animal, requiring him at his own expense to cleanse and disinfect —
a
the premises or any part thereof; or
b
any apparatus, equipment or thing used in connection with any affected animal, suspected animal or the carcase of such an animal.
2
If the requirements of a notice served under paragraph (1) above are not complied with, a veterinary inspector may, without prejudice to any proceedings for an offence arising out of such default, carry out or cause to be carried out, such cleansing and disinfection and any expenses reasonably incurred by him shall be recoverable by the Minister from the person in default.
3
For the purpose of exercising his powers under paragraph (1) above a veterinary inspector may, on production on demand of his authority, enter the premises to which a notice served under this article relates, taking with him such persons as he considers necessary and he shall if so required by the occupier or person in charge of the premises, state his reasons for entering.
Application of section 32 of the Animal Health Act 1981 to enzootic bovine leukosis
11
Section 32 of the Animal Health Act 1981 shall apply to enzootic bovine leukosis.
Notice of intended slaughter
12
1
Where the Minister proposes to slaughter a bovine animal under the powers conferred on him by section 32 of the Animal Health Act 1981 in its application to enzootic bovine leukosis, a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of such animal informing him of the proposed slaughter and requiring him to surrender the animal for slaughter (or to detain the animal pending slaughter) and to isolate it as far as practicable from other animals which are not specified in the notice.
2
The person on whom such a notice is served shall not move the animal off the premises or part thereof except under the authority of a licence issued by the Minister and in accordance with the terms thereof.
Offences
13
Any person who, without lawful authority or excuse, contravenes or fails to comply with any provision of this Order or a notice or licence served under it shall be guilty of an offence against the Animal Health Act 1981.
Enforcement
14
This Order shall be enforced by the local authority.
Revocations
15
In so far as it applies to England, the Enzootic Bovine Leukosis Order 1997 is hereby revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
27th July 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telemonde Networks Limited) Order 2000 and shall come into force on 6th April 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce
Department of Trade and Industry
5th March 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Official Listing of Securities (Change of Competent Authority) Regulations 2000.
2
These Regulations shall come into force for the purposes of regulation 8 on the day after these Regulations are made, and for all other purposes on 1st May 2000.
3
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Financial Services Act 1986 ;
“Part IV” means Part IV of the Act; and
“enactment” includes an enactment contained within subordinate legislation within the meaning of the Interpretation Act 1978 .
2
In these Regulations —
“the old competent authority” means The London Stock Exchange Limited in its capacity as the competent authority for the purposes of Part IV; and
“the new competent authority” means the Financial Services Authority in its capacity as the competent authority for the purposes of Part IV as amended by these Regulations.
3
In these Regulations —
“the transfer date” means the day on which these Regulations (other than regulation 8) come into force;
“the transferred functions”, in relation to the old competent authority, means the functions of the old competent authority under Part IV, together with all rights and obligations of the old competent authority arising out of the admission by it of investments to the Official List otherwise than in accordance with Part IV ;
“the transferred functions”, in relation to the new competent authority, means the functions of the new competent authority under Part IV as amended by these Regulations, together with the rights and obligations transferred to the new competent authority by regulation 5;
and references to the exercise of the transferred functions include references to the exercise and enforcement of such rights and the discharge of such obligations.
4
No reference in these Regulations to the Official List maintained for the purposes of Part IV by the old competent authority shall be construed as extending to the Daily Official List published by The London Stock Exchange Limited.
Change of competent authority for the purposes of Part IV of the Act
3
In section 142(6) of the Act, for the words “The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited”, there shall be substituted the words “The Financial Services Authority”.
References to the old competent authority
4
1
Any reference in an enactment to the old competent authority shall have effect as a reference to the new competent authority.
2
Any reference in an enactment to the Official List maintained for the purposes of Part IV by the old competent authority shall have effect as a reference to the Official List maintained for those purposes by the new competent authority.
3
Paragraphs (1) and (2) apply however the reference is expressed.
4
If a reference in a relevant provision is predicated on the continuing exercise by the old competent authority of any of the transferred functions, paragraphs (1) to (3) shall, in relation to any time after the transfer date, apply to the reference in the same way as they apply to a reference in an enactment.
5
In paragraph (4), “relevant provision” means a provision which —
a
has effect before, as well as after, the transfer date, and
b
is contained in a document other than an enactment.
Transfer of rights and obligations in relation to non-Part IV investments
5
All rights and obligations of the old competent authority arising out of the admission by it of investments to the Official List otherwise than in accordance with Part IV are transferred to the new competent authority.
Transitional provisions
6
1
These Regulations shall not affect the validity of anything done before the transfer date —
a
by the old competent authority in the exercise of the transferred functions, or
b
by another person in relation to the exercise of the transferred functions by the old competent authority,
but subject to paragraph (2) any such thing shall have effect for all purposes as if done by the new competent authority in the exercise of those functions or (as the case may be) as if done in relation to the exercise by the new competent authority of those functions.
2
Paragraph (1) shall not affect any liability in damages of the old competent authority for anything done or omitted in the discharge or purported discharge of the transferred functions where such act or omission is shown to have been in bad faith.
3
Where any issue as to such liability arises in legal proceedings against the old competent authority, the new competent authority shall provide the old competent authority with such assistance, including access to staff and records, as is reasonably necessary in order to enable the old competent authority to deal with the proceedings.
4
The new competent authority shall be substituted for the old competent authority in all legal proceedings to which the old competent authority is, at the transfer date, a party in relation to its exercise of the transferred functions, other than proceedings in relation to any liability of the kind mentioned in paragraph (2).
5
Anything which, immediately before the transfer date, is in the process of being done —
a
by the old competent authority in the exercise of the transferred functions, or
b
by another person in relation to the exercise of the transferred functions by the old competent authority,
may be carried on and completed by the new competent authority in the exercise of those functions or (as the case may be) carried on and completed in relation to the exercise by the new competent authority of those functions.
6
Without prejudice to paragraph (1), listing rules made by the old competent authority or by any committee or sub-committee of the old competent authority in the exercise of the transferred functions shall be treated and have effect for all purposes as if made in the exercise of the transferred functions by the governing body of the new competent authority or, as the case may be, by a committee or sub-committee of that governing body.
7
Without prejudice to paragraph (1), investments which at the transfer date are listed on the Official List maintained for the purposes of Part IV by the old competent authority shall be treated for all purposes as if they were listed on the Official List maintained for those purposes by the new competent authority.
8
Securities the listing of which is suspended under section 145(2) of the Act, or in pursuance of rights of the old competent authority in relation to investments admitted to the Official List otherwise than in accordance with Part IV, shall nevertheless be regarded as listed for the purposes of paragraph (7).
Transfer of staff
7
The transfer of functions effected by these Regulations shall be regarded for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 as the transfer of part of an undertaking, whether or not it would be so regarded apart from this regulation.
Anticipatory exercise of power to make listing rules
8
For the purpose of bringing listing rules under section 142(6) of the Act into effect on the transfer date, the new competent authority may, prior to that date, exercise the power to make such rules as if these Regulations were fully in force, and may do anything which is necessary or expedient to enable it to exercise that power.
Repeals
9
Paragraph 2(3) of Schedule 4 to the Act is repealed.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 2000


text:
Commencement and citation
1
1
These Regulations may be cited as the Air Navigation (Cosmic Radiation) (Keeping of Records) Regulations 2000 and shall come into force on 15th June 2000.
2
In these Regulations “the 1995 Order ” means the Air Navigation (No. 2) Order 1995.
Period and requirements of the record of assessment
2
1
The record of the exposure to cosmic radiation of air crew assessed under article 65A of the 1995 Order and required to be kept under article 67(1) of that Order shall meet the requirements of this regulation and in addition, as the case may be, the requirements of either paragraph (1) or paragraph (2) of regulation 3.
2
A record kept under article 67(1) of the 1995 Order shall contain details of the assessment of the exposure to cosmic radiation for a period of at least twelve months, but not details of exposure before the coming into force of these Regulations.
3
A record kept under article 67(1) of the 1995 Order shall be available for production as a paper record for a period of two years from the date each assessment was made, except that where the assessment shows that an individual is liable to cosmic radiation exposure in excess of 6 milliSieverts per year the record shall be available as a paper record until whichever is the later of either —
a
the 75th anniversary of his birth, whether or not he has survived to that date, or
b
the 30th anniversary of the termination of his work which involved exposure to cosmic radiation.
3
1
When an undertaking separately assesses the exposure to cosmic radiation of the individual members of the air crew, the undertaking shall keep a record of the exposure to cosmic radiation for each member of air crew assessed under article 65A of the 1995 Order, which record shall include —
a
the name and national insurance number of the member of the air crew;
b
the detail of each assessment of exposure expressed in milliSieverts per year; and
c
the date of the assessment.
2
When an undertaking does not separately assess the exposure to cosmic radiation of the individual members of the air crew, but instead assesses the exposure to cosmic radiation of groups of air crew members the undertaking shall keep a single record for all the air crew assessed under article 65A of the 1995 Order, which record shall state —
a
the names and national insurance numbers of all air crew covered by the assessment;
b
the maximum dose of cosmic radiation expressed in milliSieverts per year to which those air crew are liable to be exposed;
c
how the dose in paragraph (b) is calculated; and
d
the period for which the assessment is valid.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Department of the Environment, Transport and the Regions
18th May 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 170/3 Vehicles) Exemption (Amendment) Order 2000 and shall come into force on 31st December 2000.
2
The Rail Vehicle Accessibility (South West Trains Class 170/3 Vehicles) Exemption Order 2000 (“the principal Order”) shall be amended in accordance with the following provisions.
3
In article 5 of the principal Order for “regulations 4(3)(b) and 5” there shall be substituted “regulation 4(3)(b)”.
4
After article 5 of the principal order the following shall be inserted —
5A
The exemption given in respect of regulation 5 shall cease at the end of 1st July 2001.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
7th December 2000


text:
Title, extent and commencement
1
These Regulations extend to England only, may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2000 and shall come into force on 30th January 2001.
Amendment of the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
In Schedule 11, paragraph 3, to the Welfare of Animals (Slaughter or Killing) Regulations 1995 , for sub-paragraph (2)(c) there shall be substituted the following:
c
a maximum of 30% carbon dioxide by volume and a minimum of 60% argon (or other inert gas) by volume in atmospheric air, with no more than 2% residual oxygen.
.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
21st December 2000.


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (Amendment) (England) Regulations 2000, and shall come into force on 1st September 2000.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
Amendment of the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995
2
1
Schedule 1 to the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 shall be amended as follows.
2
In paragraph 8 (income), in sub-paragraphs (3) and (5), for “£1,300” in each place where it occurs, there shall be substituted “£1,400”.
3
In paragraph 13(2) (remission of fees — boarding pupils), for “£9,183” there shall be substituted “£9,382”.
4
In the table in paragraph 13(3), for “£9,034” there shall be substituted “£9,233”, for “£11,404” in both cases where it appears, there shall be substituted “11,655” and for “£16,025” in both cases where it appears, there shall be substituted “£16,377”.
5
In paragraph 14 (remission of fees — day pupils) —
a
in sub-paragraph (2), for “£11,553” there shall be substituted “£11,804”, and
b
in sub-paragraph (3), for “£11,404” there shall be substituted “£11,655”.
6
In paragraph 17 (uniform grant) —
a
in sub-paragraph (2) for “£11,965” there shall be substituted “£12,228”,
b
for sub-paragraph (3)(a) to (d) there shall be substituted —
a
£187 where the relevant income does not exceed £10,735;
b
£140 where that income exceeds £10,735 but does not exceed £11,235;
c
£91 where that income exceeds £11,235 but does not exceed £11,718; and
d
£47 where that income exceeds £11,718 but does not exceed £12,228.
;
c
in sub-paragraph (5) for “£11,466” there shall be substituted “£11,718”, and
d
for sub-paragraph (6)(a) and (b) there shall be substituted —
a
£71 where the relevant income does not exceed £10,901; and
b
£37 where that income exceeds £10,901 but does not exceed £11,718.
.
7
In paragraph 19 (travel grant) —
a
in sub-paragraph (2)(a), for “£10,683” there shall be substituted “£10,914”; and
b
in sub-paragraph (2)(b), for “£10,504” there shall be substituted “£10,735”.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
1st August 2000


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) Order 2000 and shall come into force on 8th May 2000.
2
The Greater London Authority (a body corporate established by section 1 of the Greater London Authority Act 1999 ) is specified for the purposes of section 33 of the Value Added Tax Act 1994.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
12th April 2000


text:
Citation and commencement
1
This Order may be cited as the BHB Community Health Care, the Forest Healthcare, the Havering Hospitals and the Redbridge Health Care National Health Service Trusts (Dissolution) Order 2000 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The BHB Community Health Care National Trust Service Trust established by the BHB Community Health Care Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Forest Healthcare National Health Service Trust established by the Forest Healthcare National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The Havering Hospitals National Health Service Trust established by the Havering Hospitals National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
4
The Redbridge Health Care National Health Service Trust established by the Redbridge Health Care 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 Denham
Minister of State,
Department of Health
24th May 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Community Health Councils (Amendment) Regulations 2000 and shall come into force on 1st April 2000.
2
In these Regulations, “the principal Regulations ” means the Community Health Councils Regulations 1996 .
3
These Regulations shall extend to England only.
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), after the definition of “relevant NHS trust” there is inserted the following definition —
“relevant Primary Care Trust” means, in relation to a Council, any Primary Care Trust whose area, or any part of whose area, is included in the district of the Council.
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (composition of Councils), in paragraph (2)(b), before the words “local authorities” there is inserted “the relevant”.
Amendment of regulation 7 of the principal Regulations
4
1
Regulation 7 of the principal Regulations (disqualification for membership) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
for sub-paragraph (a) there is substituted —
a
he is a chairman or is a member of —
i
a Health Authority;
ii
a Primary Care Trust; or
iii
a Special Health Authority which provides services within the district of the Council;
aa
he is employed by —
i
a relevant Health Authority;
ii
a relevant Primary Care Trust;
iii
a relevant NHS trust; or
iv
a Special Health Authority which provides services within the district of the Council;
;
b
in sub-paragraph (b) for “the relevant Health Authority or a relevant NHS trust” there is substituted “the relevant Health Authority, a relevant Primary Care Trust or a relevant NHS trust”;
c
for sub-paragraph (c) there is substituted —
c
he is a chairman or a director of an NHS trust;
.
d
after sub-paragraph (c) there is inserted —
cc
he is a member of another Council; or
.
3
In paragraph (2) —
a
after sub-paragraph (c) there is inserted —
cc
a Primary Care Trust;
;
b
after sub-paragraph (e) there is inserted —
ee
the Commission for Health Improvement
.
Amendment of regulation 13 of the principal Regulations
5
In regulation 13 of the principal Regulations (officers), in paragraph (3), after “such Health Authority” there is inserted “or Special Health Authority”.
Amendment of regulation 14 of the principal Regulations
6
In regulation 14 of the principal Regulations (premises and other facilities), in paragraph (2)(b), for “the Health Authority shall referred to in regulation 13(3)” there is substituted “the Health Authority or Special Health Authority referred to in regulation 13(3) shall”.
Amendment of regulation 17 of the principal Regulations
7
In regulation 17 of the principal Regulations (advising on the operation of the health service), after “Health Authority” there is inserted “or relevant Primary Care Trust”.
Amendment of regulation 18 of the principal Regulations
8
1
Regulation 18 of the principal Regulations (consultation of Councils by relevant Health Authorities) shall be amended in accordance with the following paragraphs.
2
In paragraph (1), after “any proposals which the Health Authority” there is inserted “or any Primary Care Trust whose area falls within the Authority’s area”.
3
After paragraph (1), there is inserted the following —
1A
If a Primary Care Trust has under consideration a proposal to which paragraph (1) applies, it shall notify the Health Authority in whose area the trust is established of that proposal.
.
Amendment of regulation 19 of the principal Regulations
9
1
Regulation 19 of the principal Regulations (information to be furnished by Health Authorities) shall be amended in accordance with the following paragraphs.
2
In paragraph (1), after “Health Authority” there is inserted “and each relevant Primary Care Trust”.
3
In paragraph (2) —
a
after “provision by a Health Authority” there is inserted “or a Primary Care Trust”;
b
after “employed by the Health Authority” there is inserted “or Primary Care Trust”.
4
In paragraph (3), after “Health Authority” there is inserted “or a Primary Care Trust”.
Amendment of regulation 20 of the principal Regulations
10
1
Regulation 20 of the principal Regulations (inspection of premises by Councils) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
for “relevant Health Authority or relevant NHS trust” there is substituted “relevant Health Authority, relevant Primary Care Trust or relevant NHS trust”;
b
for “Health Authority or NHS trust” there is substituted “Health Authority, Primary Care Trust or NHS trust”.
3
In paragraph (2), in sub-paragraph (a), for “Health Authority or NHS trust” there is substituted “Health Authority, Primary Care Trust or NHS trust”.
Amendment of regulation 21 of the principal Regulations
11
In regulation 21 of the principal Regulations (meetings between Council and relevant Health Authority) —
a
after “each relevant Health Authority” there is inserted “and each relevant Primary Care Trust”;
b
after “members of the Health Authority” there is inserted “or Primary Care Trust”;
c
after “the Council or the relevant Health Authority” there is inserted “or Primary Care Trust in question”.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State
Department of Health
9th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford City Primary Care Trust (Establishment) Order 2000 and shall come into force on 26th July 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” 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 Bradford City 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 Bradford City 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 October 2000.
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 Bradford 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 Bradford 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 Bradford Community Health National Health Service Trust and the Bradford Hospitals 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
John Hutton
Minister of State,
Department of Health
18th July 2000


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes Order 2000 and shall come into force on 1st March 2000.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) for paragraph (bb) there shall be substituted —
bb
the programme known as Radon Measurement and Support for Remedial Works Campaigns in England;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Chris Mullin
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
2nd February 2000


text:
Citation and commencement
1
These Regulations may be cited as the M1 Motorway (Junction 15) (Speed Limit) Regulations 2000 and shall come into force on 8th August 2000.
Interpretation
2
In these Regulations —
“the northbound entry slip road” means the northbound entry slip road linking the northbound carriageway of the M1 Motorway with the A508 at Junction 15; and
“the restricted length of the northbound entry slip road” means that length of the northbound entry slip road from its junction with the A508 Trunk Road for a distance of 30 metres northward.
Imposition of speed limit
3
No person shall drive any motor vehicle at a speed exceeding 40 miles per hour on the restricted length of the northbound entry slip road.
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
6th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2000 and shall come into force on 20th March 2000.
Interpretation
2
In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 .
Amendments to the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995
3
In regulation 2.9(2)(b), the words “the greater of the annual rate of the member’s salary or of” shall be deleted.
4
Regulation 2.11 shall stand as paragraph (1) of that regulation and in that paragraph the reference to regulation 2.10 shall be deleted.
5
The following shall be inserted after regulation 2.11 and shall stand as paragraph (2) of that regulation:
2
Regulation 2.10 shall apply to members who fall within regulation 2.2(1)(b) as if for the reference to regulation 2.7 there were substituted a reference to regulation 2.12.
.
Irvine of Lairg, C.
Dated 1st February 2000
John Reid,
One of Her Majesty’s Principal Secretaries of State
Dated 4th February 2000
We consent
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 10th February 2000


text:
1
This Order may be cited as the Carriage of Goods by Sea (Parties to Convention) (Amendment) Order 2000 and shall come into force on 15th May 2000.
2
The Schedule to the Carriage of Goods by Sea (Parties to Convention) Order 1985 shall be amended as follows:
a
after the entry relating to the Kingdom of Belgium, there shall be inserted:
The Republic of Croatia Croatia 28th January 1999
;
b
after the entry relating to the French Republic, there shall be inserted:
Georgia Georgia 20th May 1996
; and
c
after the entry relating to the German Democratic Republic, there shall be inserted:
Italy Italy 22nd November 1985
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Act 1999 (Consequential Amendments of Subordinate Legislation) (Fire etc Authority) Order 2000 and shall come into force on 3rd July 2000.
Consequential amendments
2
The instruments specified in the Schedule to this Order are hereby amended as specified in that Schedule.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
11th June 2000


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 2000 and shall come into force on 1st May 2000.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1999 shall be amended as follows:
In column (3) of Schedule 2 for the unit rate in euros for Slovakia of “54.95” there shall be substituted “53.53”.
Signed by the authority of Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th March 2000


text:
Citation and commencement
1
1
This Order may be cited as the Caribbean Territories (Control of Gold, Securities, Payments and Credits: Kuwait and Republic of Iraq) Revocation Order 2000.
2
This Order shall come into force on 14th December 2000.
Extent of Order
2
1
This Order extends to the following territories —
Anguilla
British Virgin Islands
Cayman Islands
Montserrat
Turks and Caicos Islands.
Revocation
3
The Caribbean Territories (Control of Gold, Securities, Payments and Credits: Kuwait and Republic of Iraq) 1990 Order is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as The A406 Trunk Road (Gunnersbury Avenue, Hounslow) Red Route (Prescribed Route) Traffic Order 2000, and shall come into force on 17th March 2000.
Interpretation
2
In this Order–
a
a reference to an article followed by a number is a reference to the article of this Order so numbered;
b
causing includes permitting.
Prescribed Routes
3
Subject to the provisions of article 4, no person shall cause any vehicle on entering the A406 Gunnersbury Avenue from the northernmost exit of the unnamed service road fronting Nos. 127 to 139 and The International School of London, Gunnersbury Avenue in the London Borough of Hounslow to proceed in any direction other than left and northbound into A406 Gunnersbury Avenue.
Exemptions
4
The provisions of article 3 shall not apply–
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
29th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Dance and Drama) (England) Regulations 2000 and shall come into force on 1st September 2000.
Interpretation
2
1
In these Regulations —
“the 1999 Regulations ” means the Education (Grants) (Dance and Drama) (England) Regulations 1999 ;
“academic year” means the period from 1st September in one year to 31st August in the following year;
“award student” means an existing award student or a new award student;
“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“existing award student” means a student who became an award student by virtue of the 1999 Regulations;
“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998 ;
“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;
“new award student” means, subject to regulations 3 to 5, a student of a description mentioned in Part II of Schedule 1 who has been selected as such by a relevant institution to follow a relevant course at that institution on the basis of high ability in, or aptitude for, dance or drama as the case may be, as demonstrated at an audition, in respect of whom a period of award has been specified and who (unless the student is selected under regulation 4(1)) has, before the beginning of the course —
reached the age of 16 in the case of a dance course; or
reached the age of 18 in the case of any other relevant course;
“the prescribed amount” means the amount prescribed for the time being by regulations made under section 22(2)(b) of the Teaching and Higher Education Act 1998 as the maximum amount of grant at the highest level available for an academic year in respect of fees payable in connection with attendance at a course of higher education at an institution which is maintained or assisted by recurrent grants out of public funds ;
“relevant course” mean a course starting on or after 1st September 2000 other than a course of higher education; and
“relevant institution” means an institution specified in the first column of the Table in Schedule 2 .
New award students — supplementary
3
1
For the purposes of these Regulations the maximum number of students which may be selected by a relevant institution as new award students for any academic year with a period of award of one, two or three academic years shall, subject to paragraphs (2) to (5), not exceed the number specified in relation to that institution in the second, third or fourth column (as the case may be) of the Table in Schedule 2.
2
Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of three years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with periods of award of one or two years than their maximum, provided that the difference between the aggregate numbers of students selected with periods of award of one or two years and the aggregate of the institution’s maxima for those periods of award does not exceed the amount by which the number of pupils selected with a period of award of three years falls short of the institution’s maximum for that period of award.
3
Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of two years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with a period of award of one year than their maximum, provided that the difference between the number of students selected with a period of award of one year and the institution’s maximum for that period of award does not exceed the amount by which the number of pupils selected with a period of award of two years falls short of the institution’s maximum for that period of award.
4
Where for any academic year the number of students selected by a relevant institution as new award students with a period of award of one, two or three academic years is less than the institution’s maximum for that period of award the Secretary of State may determine that another institution may select more than their maximum for that period of award such that the total number of new award students who can be selected in that academic year with a particular period of award does not exceed the total of all the relevant institutions' maxima for that period of award.
5
For the purposes of this regulation —
a
an institution’s maximum for any particular period of award is the number specified in the second, third or fourth column of the Table in Schedule 2, as the case may be, and
b
a student is selected “for” a particular academic year if he is selected for a course the first academic year of which is the academic year in question.
6
In this regulation references to a student “with” a particular period of award are references to a student in respect of whom that period of award has been specified.
Existing and new award students — supplementary
4
1
Where an award student (“the original student”) ceases to attend an institution before the end of the period of award specified in relation to that student the relevant institution may in accordance with paragraph (2) select another student (“the substituted student”) as an award student in substitution for the original student and for the purposes of these regulations the original student and the substituted student shall be treated as the same person provided that the substituted student —
a
has reached the age of 16 in the case of a dance course, or
b
has reached the age of 18 in the case of a drama course
at the date of the selection.
2
Any selection of a substituted student under paragraph (5) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated.
3
If, before an award student completes his course, a relevant institution is discontinued and an award student at that institution transfers to another relevant institution the Secretary of State may determine that for the purposes of regulations 6 to 8 the student in question should become an award student at the institution to which the student has transferred for the remainder of the period of award specified in respect of that student.
4
A student cannot be an award student if he has previously been an award student in respect of another course unless the Secretary of State otherwise determines, by reason of his being of the opinion that —
a
the student having been selected for one course (whether or not he has completed it) should attend another course which is more suitable to the continued development of the student; or
b
the student was prevented from completing the course for which he was selected due to circumstances outside his control.
5
The Secretary of State may only make a determination under paragraph (4) if an application is made in writing by the institution at which it is proposed that the student should attend the second course.
Periods of award
5
1
Unless paragraph (2) applies a student is not an award student after the end of the period of award specified in respect of that student.
2
Where an award student has been unable to attend a course throughout the whole of the period of award through circumstances outside the control of the student, the Secretary of State may determine that the student be an award student for a further period not exceeding a period which would result in the student being an award student for four academic years.
Grants to relevant institutions
6
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution.
2
Grant paid under this regulation shall, subject to paragraphs (3) and (4), be the amount specified in the fifth column of the Table in Schedule 2 in relation to the institution multiplied by the number of award students attending the institution during the academic year in question.
3
Where an award student attends a relevant institution during part only of an academic year grant paid to the governing body of a relevant institution under this regulation shall (unless a substituted student is selected under regulation 4(1)) be reduced by such amount as the Secretary of State considers appropriate having regard to the length of time during the academic year during which the student attended the institution.
4
The governing body of any relevant institution to whom grant is paid under this regulation shall —
a
remit the fees payable in respect of each award student’s attendance on the course to the extent necessary to secure that the amount payable in respect of each academic year by way of such fees is no more than the prescribed amount; and
b
secure that the fees paid in respect of the audition at which any new award student was selected do not exceed £30 (and accordingly where a fee in excess of that amount was paid repay the difference between the fee paid and £30).
Further grants to relevant institutions — fees
7
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of any award student who attends that institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents, and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of the institution to whom grant is paid under this regulation shall, in addition to the remission of fees which they are required to make by virtue of regulation 6(4)(a), further remit the fees payable in respect of the award student’s attendance on the course by an amount equivalent to the amount of the grant.
Further grants to relevant institutions — maintenance
8
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student other than a person mentioned in paragraph 9 of Schedule 1 and not in any other paragraph of that Schedule, who attends the institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of an institution to whom grant is paid under this regulation shall, at such times and in such instalments as may be specified by the Secretary of State, make payments to the award student in respect of his maintenance of an amount equivalent to the amount of the grant.
Grant claims
9
The payment of grant under regulations 6, 7 or 8 shall be subject to the governing body of the institution submitting grant claims to the Secretary of State or to any person he may specify at such times and in such manner and form, and furnishing such declarations (including declarations by the award student or his parent) and other information, as the Secretary of State may require.
Requirements to be complied with
10
1
The governing body of a relevant institution shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.
2
Without prejudice to the generality of paragraph (1) —
a
the governing body of a relevant institution shall keep such records and accounts and furnish to the Secretary of State or, if the institution provides further education and he so directs, to the relevant council, such information, documents returns and accounts as the Secretary of State may from time to time require;
b
where a relevant institution provides further education, the governing body of the institution shall permit any person authorised by the relevant council to inspect the institution and afford to such person all the facilities he may reasonably require for making such an inspection; and
c
where a relevant institution is a school, the governing body of the institution shall permit any person authorised by the Secretary of State to inspect the school and afford to such person all the facilities he may reasonably require for making such an inspection.
3
In this regulation “the relevant council” means —
a
before section 89 of the Learning and Skills Act 2000 is in force, the Further Education Funding Council for England, and
b
when that section is in force, the Learning and Skills Council for England.
Consents and determinations
11
Any consent or determination given or made by the Secretary of State for the purposes of these Regulations shall be given or made in writing.
Revocation
12
The 1999 Regulations are hereby revoked, but the revocation of those regulations shall not prevent the Secretary of State from making payments of grant authorised by those regulations in respect of the academic year starting on 1st September 1999 and ending on 31st August 2000, or affect any requirement imposed by or under those regulations.
Tessa Blackstone
Minister of State,
Department for Education and Employment
4th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Authorities Act 1995 (Rectification of Transitional Arrangements) Order 2000 and shall come into force on 21st February 2000.
2
In this Order, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1995 Act ” means the Health Authorities Act 1995 ;
“fund-holding practice” means a fund-holding practice recognised under sections 14 to 17 of the National Health Service and Community Care Act 1990 as they were in force before 1st October 1999;
“the Pharmaceutical Services Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“ Transitional Provisions Order ” means the Health Authorities Act 1995 (Transitional Provisions) Order 1996 .
Amendment of Transitional Provisions Order
2
1
With effect from 1st April 1996 —
a
In Part III of Schedule 1 (relevant new authorities for old authorities whose districts or localities comprise or form part of the area of only one new authority) to the Transitional Provisions Order, the entries set out in Schedule 1 to this Order shall be omitted;
b
For Part III of Schedule 2 (relevant new authorities whose districts or localities comprise or form part of the area of more than one new authority) to the Transitional Provisions Order shall be substituted the entries set out in Schedule 2 to this Order, which include in particular, an entry for Bromley Family Health Services Authority.
2
The Transitional Provisions Order shall be deemed always to have had effect as amended by this article.
Consequences of Rectification
3
1
Where, on or after 1st April 1996, as a result of any of the relevant defects, anything has been done by or in relation to an acting authority , or a person of any description identified by reference to an acting authority, it is to be treated, subject to paragraph (2), as though it had been done by or in relation to the proper authority , or a person of that description identified by reference to the proper authority.
2
Where, on or after 1st April 1996, as a result of the relevant defects, any acting authority has made —
a
any payment to a Part II practitioner , or
b
any deduction from remuneration paid to a Part II practitioner,
the payment or deduction shall be treated as though it had been done by the acting authority in the exercise by them of the function on behalf of the proper authority.
3
Where as a result of any of the relevant defects, an application in accordance with regulation 4(2), or a notification in accordance with regulation 4(10) of the Pharmaceutical Services Regulations, has been made to a Health Authority and as a result —
a
the application has been granted under regulation 4(3)(a) of those Regulations, or
b
the original application has been amended under regulation 4(10) of those Regulations.
but the premises at which the pharmaceutical services were originally, or were originally to be, provided and the premises at which the services are, or are to be, provided (“the new premises”) are not both in the area of that Health Authority, the application shall be deemed to have been granted in respect of the new premises, by the Health Authority in whose area the new premises are situated, in consequence of an application under regulation 4(2)(a) of those Regulations.
4
Where —
a
on 1st April 1996, because of any of the relevant defects, a Part II practitioner was treated by virtue of the Transitional Provisions Order as included in a Part II list (the “relevant list”),
b
by virtue of this order, he is treated as having been included on that date in one or more other Part II lists but not in the relevant list,
c
on or after that date, he provided services and a requirement of his providing those services was his inclusion in the relevant list, and
d
since 1st April 1996 he has neither been added to the relevant list in accordance with Regulations made pursuant to section 29 of the 1977 Act, nor removed from that list,
the Part II practitioner shall be treated as having been included in the relevant list with effect from the date on which he first provided services as mentioned in sub-paragraph (c).
Outstanding court proceedings
4
Where immediately before the coming into force of this Order, any court proceedings were brought against an acting authority in relation to anything done by or in relation to that acting authority, and as a result of this Order, that action is to be treated as having been done by or in relation to the proper authority, the acting authority shall be treated as though they had acted on behalf of the proper authority.
Outstanding representations to Tribunal
5
1
Where before the coming into force of this Order, representations had been made to the Tribunal constituted under section 46 of the 1977 Act by an acting authority about a Part II practitioner on their Part II list, but the matter had not been finally disposed of on the date that this Order comes into force, the acting authority shall be treated as though they had acted on behalf of the proper authority, and shall continue to so act if the proper authority requests them to do so until the final disposal of the matter.
2
Where the proper authority request the acting authority to continue to act on its behalf, the proper authority shall notify the Tribunal and the practitioner about whom representations had been made.
Exception for fund-holding practices
6
Where immediately before the coming into force of this Order, a Health Authority (not being the relevant Health Authority as defined by sections 15(1B) and (1C) of the 1977 Act as they were in force before 1st October 1999) acted as the relevant Health Authority for a member or former member of a fund-holding practice as a result of any of the relevant defects, Article 3 shall not apply and they shall continue to be treated as the relevant Health Authority in connection with the application of any provision relating to a fund-holding practice.
Signed by authority of the Secretary of State
John Denham
Minister of State
Department of Health
27th January 2000