text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Tobacco Products Regulations 2001 and come into force on 1st June 2001.
Revocation
2
The following Regulations are revoked —
a
the Tobacco Products Regulations 1979 ;
b
the Excise Warehousing Regulations 1979, etc. (Amendment) Regulations 1980 ;
c
the Tobacco Products (Amendment) Regulations 1982 ;
d
the Tobacco Products Regulations 1979 (Amendment) Regulations 1990 ;
e
the Tobacco Products (Amendment) Regulations 1992 ; and
f
the Tobacco Products (Amendment) Regulations 1993 .
Interpretation
3
1
In these Regulations —
“ the Act ” means the Tobacco Products Duty Act 1979;
“business day” has the meaning given in section 92 of the Bills of Exchange Act 1882 ;
“duty” means the duty of excise charged on tobacco products by section 2(1) of the Act ;
“duty suspension arrangements” means any arrangements, including arrangements made by these Regulations, that enable tobacco products to be held or moved without payment of duty;
“electronic removal” has the meaning given in regulation 10 below;
“manufacturer”, subject to paragraph (2) below, means any person who manufactures tobacco products in premises that may be registered as a registered factory;
“the occupier” means the manufacturer who occupies a registered factory or, as the case may be, a registered store;
“packet” means any box, package, container or other receptacle that contains the tobacco product in which that product is, or is intended to be, presented for retail supply but does not include any additional outer wrapping that may be discarded at the time the packet is opened;
“payment day” means the day specified as payment day in regulation 17 below;
“recycling” means reworking the tobacco or tobacco substitute constituents of the tobacco product, and “recycled” should be construed accordingly;
“ REDS ” means a registered excise dealer and shipper approved and registered under section 100G of the Customs and Excise Management Act 1979 other than a registered excise dealer and shipper —
on whom any privilege is conferred by the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 , or
who is only a registered excise dealer and shipper by virtue of his being registered as a registered mobile operator for the purposes of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 ;
“registered factory” has the meaning given in regulation 4 below;
“registered premises” means any registered factory or any registered store;
“registered store” has the meaning given in regulation 5 below;
“removal” includes electronic removal and “remove” and “removed” should be construed accordingly;
“repackaging” means the replacement of any packaging or wrapping material that is customary, necessary or both customary and necessary to enclose and present tobacco products for retail sale purposes and “repackaged” should be construed accordingly;
“specified tobacco products” has the meaning given in regulation 21 below.
2
For the purposes of these Regulations two bodies corporate may be treated jointly as a manufacturer if —
a
one of them manufactures tobacco products in premises that may be registered as a registered factory,
b
one of the other body corporate’s principal activities is the storage of tobacco products manufactured by the first mentioned body corporate, and
c
one of them controls the other or, although neither controls the other, they are both controlled by the same body corporate.
PART II
REGISTERED PREMISES
Registration of factories
4
1
The Commissioners may, subject to such conditions as appear necessary for the protection of the revenue, register that part of any premises where tobacco products are manufactured and premises that have been so registered will be known as a registered factory.
2
Tobacco products may only be manufactured in a registered factory.
3
Paragraph (2) above does not apply to premises that are to be used only for the manufacture of tobacco products for the purposes of research or experiment.
Registration of stores
5
1
The Commissioners may, subject to such conditions as appear necessary for the protection of the revenue, register premises occupied by a manufacturer who also occupies a registered factory for the safe storage of tobacco products without payment of duty.
2
Premises that have been registered in accordance with paragraph (1) above will be known as a registered store.
Registered premises — revocation of registration
6
1
The Commissioners may revoke the registration of registered premises —
a
where there has been any failure to comply with or contravention of any condition imposed under —
i
regulation 4(1) or regulation 5(1) above, or
ii
regulation 7(5) below; or
b
for any other reasonsable cause.
2
Without prejudice to paragraph (1) above the Commissioners may give the occupier an opportunity to remedy the situation that provides the grounds to revoke the registration of the registered premises.
3
Subject to paragraph (4) below, the Commissioners must give not less than three months notice in writing of the date upon which revocation is to take effect.
4
If it is necessary for the protection of the revenue the Commissioners may give less than three months (but not less than seven days) notice of the date upon which revocation is to take effect.
Registered premises — conditions and requirements
7
1
When applying for premises to be registered under regulation 4 above (registration of factories) or under regulation 5 above (registration of stores) the occupier must give the Commissioners notice of the times when those premises will be open.
2
The occupier of any registered premises must give the Commissioners seven days notice of any alterations to the times when those premises will be open.
3
Before the occupier of any registered premises reduces or extends those premises or alters the security arrangements for the safe storage of tobacco products he must give the Commissioners not less than thirty days notice in writing of his intentions.
4
The Commissioners may, in such circumstances as they see fit, permit the occupier to give shorter notice than that required by paragraph (2) or by paragraph (3) above.
5
The Commissioners may, in a notice published by them and not withdrawn by a further notice, impose on the occupiers of registered premises such requirements as to —
a
the manner in which the activities of deposit, storage and removal of tobacco products are carried out both on and immediately adjacent to those premises, and
b
the treatment of tobacco products in registered premises,
as may be reasonably necessary to protect the revenue.
6
Occupiers of registered premises must comply with —
a
all the conditions and requirements imposed on them by or under these Regulations, and
b
any conditions subject to which the premises they occupy were registered.
Registered stores
8
1
Imported tobacco products may be moved from their place of importation to a registered store and deposited in that store without payment of duty if either —
a
they are being moved to that store in compliance with regulation 7 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 , or
b
they have been imported from a place outside the Communities and any customs duty chargeable on their importation has been paid, secured or otherwise accounted for to the satisfaction of the Commissioners.
2
In the case of a movement permitted by paragraph (1) above the tobacco products must be moved from their place of importation to a registered store and deposited in that store without delay.
3
The occupier of a registered store must in relation to all tobacco products stored there —
a
cause them to be identified by permanent and legible markings, and
b
produce them without delay upon request by the Commissioners.
4
The occupier of a registered store intending to repack tobacco products must give reasonable notice of his intention to the Commissioners.
Removal
9
1
No person may remove tobacco products from registered premises until the duty has been paid, secured or otherwise accounted for to the satisfaction of the Commissioners.
2
Without prejudice to paragraph (1) above and to regulation 24 below (removal of products that are required to carry a fiscal mark), a manufacturer must remove tobacco products from his registered factory by the end of the first business day that follows the day of their manufacture.
3
The Commissioners may, in such cases as they think fit, dispense with the requirement imposed by paragraph (2) above.
4
Without prejudice to paragraphs (1) and (2) above, and subject to such conditions as the Commissioners see fit to impose, tobacco products that do not carry a fiscal mark may be removed from registered premises without payment of duty for any of the following purposes —
a
warehousing in an excise warehouse for any purpose other than home use;
b
exportation, removal to the Isle of Man or shipment as stores;
c
removal to other registered premises;
d
destruction or other disposal to the satisfaction of the Commissioners; or
e
such other purpose (except home use) as the Commissioners may permit.
5
A manufacturer must not remove tobacco products from his registered factory to a registered store unless he is the occupier of that store.
6
Where the removal to home use of any tobacco product takes place on a day upon which an increase in the rate of duty chargeable on that product takes effect then if that removal takes place after 11.59 am on that day the time of removal is deemed to be the time at which that increase takes effect.
Electronic removal
10
1
This regulation applies to registered stores in respect of which the records relating to removal are kept by means of a computer or other electronic system approved by the Commissioners; and the Commissioners may at any time revoke such approval upon giving fourteen days' notice in writing.
2
The occupier of any registered store where electronic removal may take place must keep such records as may be specified in a notice published by the Commissioners and not withdrawn by a further notice.
3
Electronic removal means the making of an entry in the records specified in accordance with paragraph (2) above which identifies the tobacco product which is the subject of that entry as having been removed from that store for the purpose of these Regulations notwithstanding that it remains in that store.
4
Any entry made in accordance with paragraph (3) above may not be cancelled, amended or altered.
5
Subject to regulation 9(6) above, tobacco products removed to home use from a registered store to which this regulation applies are deemed to have been removed at the time of their electronic removal or, if earlier, at the time they were actually removed.
Refuse
11
1
Except as provided by paragraph (2) below, no person may remove from registered premises any refuse from the manufacture of tobacco products until the Commissioners are satisfied that the refuse has been rendered unsmokeable.
2
The Commissioners may allow refuse to be removed from registered premises for —
a
exportation,
b
removal to other registered premises, or
c
disposal or destruction to their satisfaction.
PART III
EXCISE DUTY POINTS, SECURITY AND PAYMENT OF DUTY
Excise duty points
12
1
Subject to the provisions of this regulation, the excise duty point for tobacco products is the time when the tobacco products are charged with duty.
2
If any duty suspension arrangements apply to the tobacco products, the excise duty point is the earlier of —
a
the time of their removal from any registered premises for home use;
b
the time of their consumption;
c
the time when there is any contravention of, or failure to comply with, duty suspension arrangements;
d
the time when the contravention of, or failure to comply with, duty suspension arrangements first came to the attention of the Commissioners;
e
the time of their receipt by a REDS;
f
the time of their receipt by the person who arranged for a REDS to account for the duty on them;
g
the time of their receipt by a person approved as an occasional importer under regulation 15 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992;
h
in the case of tobacco products that are not received by the person or at the place to which they were consigned, the time when they are charged with duty;
i
the time when premises cease to be registered premises;
j
the time when they are found to be missing from registered premises.
3
In the case of chewing tobacco that is imported into the United Kingdom having been consigned from another member State, except where paragraph (2) above applies, the excise duty point is the time the chewing tobacco is received by the importer, owner or other person beneficially interested in it.
4
If tobacco products have been relieved from payment of duty and there is a contravention of any condition subject to which the relief was afforded, the excise duty point is —
a
the time of that contravention, or
b
if that time cannot be readily ascertained, the time when that contravention first came to the attention of the Commissioners.
5
In this regulation “chewing tobacco” means chewing tobacco of any description manufactured wholly or partly from tobacco or any substance used as a substitute for tobacco, and includes anything referred to or called chewing tobacco, but does not include herbal products.
6
For the purposes of paragraphs (2)(e), (f) and (g) and (3) above, where the tobacco product is received after 11.59 am on a day upon which an increase in the rate of duty chargeable on that product takes effect the time of receipt is deemed to be the time at which that increase takes effect.
7
This regulation does not apply to tobacco products that are warehoused in an excise warehouse.
Person liable to pay the duty
13
1
The person liable to pay the duty is the person holding the tobacco products at the excise duty point.
2
Any person (not being the person specified in paragraph (1) above) who is described in paragraph (3) below is jointly and severally liable to pay the duty with the person specified in paragraph (1) above.
3
Paragraph (2) above applies to —
a
the occupier of the registered premises in which the tobacco products were last situated before the excise duty point;
b
any REDS to whom the tobacco products were consigned;
c
any person who arranged for a REDS to account for the duty on the tobacco products;
d
any person approved as an occasional importer under regulation 15 of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 to whom the tobacco products were consigned;
e
any person who caused the tobacco products to reach an excise duty point.
4
Paragraph (3)(a) above does not apply to the occupier of registered premises in which tobacco products were last situated before the excise duty point if the tobacco products were lawfully removed from his registered premises and —
a
he did not provide security for the accomplishment of the purpose for which the tobacco products were removed, and
b
some other person did provide security for the accomplishment of that purpose.
5
In any case where paragraph (4) above applies the person who provided security for the accomplishment of the purpose for which the tobacco products were removed from registered premises is jointly and severally liable to pay the duty with any other person who is liable to pay the duty.
Payment and calculation of the duty
14
1
Except where regulations 17 to 19 below (deferred payment) apply, the duty must be paid at or before the excise duty point.
2
For the purpose of calculating the amount of duty payable at the excise duty point, the weight of tobacco products (other than cigarettes) is their weight —
a
at the time of their entry into the production account, or
b
at such other time as the Commissioners may allow.
3
For the purposes of complying with this regulation a manufacturer must keep a production account that shows for each tobacco product the quantity produced, the type, brand and size of retail packet, and the date of production and entry into that account.
4
Except as the Commissioners may otherwise allow, the details referred to in paragraph (3) above must be entered into the production account immediately after whichever of the times specified in paragraph (5) below is the earliest practicable time for this to be done before removal from the registered factory.
5
The following times are specified for the purposes of paragraph (4) above —
a
the time when the tobacco products are first put into a state suitable for use;
b
the time when the tobacco products are first put into a state suitable for removal; and
c
the time when the tobacco products are first packed for delivery.
6
Except as the Commissioners may otherwise allow, a manufacturer must preserve a production account for not less than six years from the date of the last entry in that account.
Recommended retail prices, weights and deficiencies
15
1
The manufacturer or importer of tobacco products intended for retail sale in the United Kingdom must, before the excise duty point for those products, notify the Commissioners of the information specified in paragraph (2) below.
2
The information to be notified by a manufacturer or importer in relation to all the tobacco products he manufactures or imports is —
a
the brand name and description of each tobacco product;
b
the retail packet sizes for each brand (the number of cigarettes or cigars and the weight of each product if that product is not cigarettes);
c
the price he recommends for each packet size of each brand of tobacco product;
d
the brand name, description and retail packet sizes of any tobacco product for which he does not recommend a retail price.
3
Where a manufacturer or importer has notified the Commissioners in accordance with paragraph (1) above he is to be treated as complying with that paragraph if, before the excise duty point for the tobacco product concerned, he notifies any changes to the information already notified.
4
The occupier of registered premises must, without delay, notify the Commissioners of any deficiencies of tobacco products discovered by him, whether as a result of stocktaking or otherwise.
5
Notification given in accordance with this regulation must be in such form and manner as the Commissioners may require.
Security
16
If the Commissioners so require the occupier of registered premises must give security for the payment of any duty that may become payable —
a
on tobacco products manufactured or received by him, or
b
under section 8 of the Act (charge in cases of default).
Deferred payment — payment day
17
1
Any person liable to pay the duty due on tobacco products to which this regulation is applicable may, subject to regulations 18 and 19 below, elect to defer payment of that duty until payment day.
2
This regulation is applicable to —
a
imported tobacco products for which the excise duty point is the time of their importation;
b
tobacco products imported by a REDS (including any importation where the tobacco products are moved under the instructions of a REDS or are, in accordance with registered excise dealers and shippers regulations, deemed to be so moved);
c
tobacco products that are entered for removal from an excise warehouse for home use; and
d
tobacco products entered for removal from registered premises for home use.
3
In relation to tobacco products for which the excise duty point is the time of their importation or that are entered for removal from an excise warehouse for home use payment day is —
a
where but for the deferment granted by this regulation the duty would be payable during a period beginning on the 15th day of one month and ending on the 14th day of the next month, the 29th day of that next month (or the 28th day in the case of a month that has only 28 days), or
b
if that day is not a business day, the last business day before that day.
4
In relation to tobacco products imported by a REDS payment day is —
a
the 15th day of the month following the month in which the duty would, but for the deferment granted by this regulation, be payable, or
b
if that day is not a business day, the last business day before that day.
5
In any other case payment day is —
a
the 15th day of the month following the month in which the duty would, but for the deferment granted by this regulation, be payable, or
b
if that day is not a business day, the next business day following that day.
Deferred payment — approval of arrangements
18
1
Before electing to make deferred payment of duty the person liable to pay the duty must —
a
make application to the Commissioners for approval of the arrangements by which the duty is to be paid on payment day, and
b
give to the Commissioners such security for payment by him of any amount of duty becoming payable as the Commissioners may from time to time require.
2
Where the Commissioners are satisfied with those arrangements and the security offered they must approve them in writing.
3
A person whose arrangements have been approved must notify the Commissioners forthwith of any change in any information given to them for the purpose of approving those arrangements.
4
If any security given under this regulation at any time falls short of that required by the Commissioners the right to defer payment under regulation 17 above does not apply in respect of the unsecured duty.
5
The Commissioners may for reasonable cause vary or revoke any approval granted under this regulation.
Deferred payment — payment of duty
19
On each payment day the person whose arrangements have been approved under regulation 18 must —
a
pay the amount due to the Commissioners in accordance with those arrangements, or
b
where those arrangements involve the collection of the amount due to the Commissioners by means of a direct debit, ensure that he has sufficient funds in his account to satisfy the claim for payment.
Returns
20
The occupier of registered premises must make such returns at such time, in such form and manner and containing such particulars as the Commissioners may require.
PART IV
FISCAL MARKS
Application of Part IV
21
1
This Part of these Regulations applies to specified tobacco products.
2
In these Regulations “specified tobacco products” means tobacco products that are —
a
cigarettes, or
b
hand-rolling tobacco other than hand-rolling tobacco intended for retail sale in loose form that is supplied by the manufacturer or importer in packets that each contain not less than 500 grams.
When specified tobacco products are required to carry a fiscal mark
22
1
Subject to regulation 23 below, specified tobacco products —
a
that are manufactured in, imported into or removed to home use within the United Kingdom on or after 1st June 2001, or
b
whenever manufactured in, imported into or removed to home use within the United Kingdom, that are held by a person who is a revenue trader on or after 1st July 2001,
are required to carry a fiscal mark.
2
Specified tobacco products that are required to carry a fiscal mark must not be packaged otherwise than in packets that, in conformity with requirements imposed under section 8C(3) or section 8D of the Act, carry a fiscal mark.
3
Imported specified tobacco products that are required to carry a fiscal mark must carry a fiscal mark at the time they are imported.
Exceptions to the requirement to carry a fiscal mark
23
1
Specified tobacco products are not required to carry a fiscal mark if —
a
they are not intended for home use and are not delivered to home use or otherwise made available for home use;
b
in accordance with an Order made under section 13(1) or section 13A(1) of the Customs and Excise Duties (General Reliefs) Act 1979 relief from duty is afforded and the conditions (if any) subject to which that relief was afforded are complied with; or
c
they are intended for supply to, or have been supplied to, entitled passengers in an export shop.
2
Specified tobacco products are not required to carry a fiscal mark if, having been removed to home use upon payment of excise duty in the Isle of Man —
a
they carry a mark prescribed for fiscal purposes in conformity with the requirements of the law of the Isle of Man, and
b
the excise duty paid in the Isle of Man has not been and will not be repaid, remitted or drawn back.
3
Specified tobacco products that are not required to carry a fiscal mark must not carry a fiscal mark.
4
In this regulation “entitled passengers” and “export shop” have the meanings given in regulation 3 of the Excise Goods (Export Shops) Regulations 2000 .
Removal of products that are required to carry a fiscal mark
24
1
Without prejudice to regulation 9 above (removal) and subject to such conditions as the Commissioners see fit to impose, specified tobacco products that carry a fiscal mark may be removed without payment of duty —
a
from a registered factory to a registered store, or
b
from a registered store to another registered store.
2
Specified tobacco products that carry a fiscal mark that are in registered premises and that are not removed to home use may only be —
a
removed in accordance with paragraph (1) above,
b
destroyed or disposed of within the United Kingdom to the satisfaction of the Commissioners,
c
with the Commissioners' consent —
i
recycled, or
ii
repackaged,
within the United Kingdom, or
d
with the Commissioners' consent and following the obliteration or destruction of the fiscal mark to their satisfaction, used solely for the purpose of research or experiment.
3
Specified tobacco products that carry a fiscal mark that are in an excise warehouse and that are not removed to home use may only be —
a
removed to —
i
a registered store, or
ii
another excise warehouse for rewarehousing,
in accordance with an entry made for that purpose under regulation 16(2) of the Excise Warehousing (Etc.) Regulations 1988 ,
b
destroyed or disposed of to the satisfaction of the Commissioners, or
c
following the obliteration or destruction of the fiscal mark to the satisfaction of the Commissioners —
i
exported, or
ii
with the Commissioners' consent, used solely for the purpose of research or experiment.
4
During any period specified by order of the Commissioners in accordance with section 128 of the Customs and Excise Management Act 1979 specified tobacco products that carry a fiscal mark must not be removed to home use in quantities exceeding those that the Commissioners have specified as appearing to them to be reasonable in the circumstances.
Offences — supplementary provisions
25
1
A person is not guilty of an offence contrary to section 8G(4) of the Act in relation to any conduct that took place before 1st July 2001.
2
A person afforded relief from duty in accordance with an Order made under section 13(1) or section 13A(1) of the Customs and Excise Duties (General Reliefs) Act 1979 is not guilty of an offence contrary to section 8G(4) of the Act unless his conduct occasioned the excise duty point prescribed by regulation 12(4) above.
3
Where any person is, in accordance with section 13 of the Finance Act 1994 , the subject of an assessment to a penalty for conduct falling within paragraph (a) of section 170A(1) of the Customs and Excise Management Act 1979 he is not, in relation to that conduct, guilty of an offence contrary to section 8G(4) of the Act.
PART V
REPAYMENT AND DRAWBACK OF DUTY
Returned products
26
1
Where any tobacco products are returned to registered premises within three years of their removal to home use and are —
a
recycled;
b
repackaged; or
c
otherwise disposed of to the satisfaction of the Commissioners,
the Commissioners may, subject to such conditions as they may impose under section 2(2) of the Act, allow credit for the duty charged on those products.
2
For the purposes of any claim for drawback to which the Excise Goods (Drawback) Regulations 1995 apply specified tobacco products are not eligible goods unless the Commissioners are satisfied that any fiscal marks carried by the products have been obliterated or destroyed.
PART VI
APPLICATION AND AMENDMENT OF OTHER REGULATIONS
The Excise Warehousing (Etc.) Regulations 1988
27
Amend regulation 26 of the Excise Warehousing (Etc.) Regulations 1988 (duty chargeable on goods removed for home use) as follows —
a
before the words “The duty” insert “(1)”, and
b
at the end of the regulation insert —
2
Where the removal for home use of any tobacco product takes place on a day upon which an increase in the rate of duty chargeable on that product takes effect then if that removal takes place after 11.59 am on that day the time of removal is deemed to be the time at which that increase takes effect.
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992
28
1
Save in the case of tobacco products that were at the time of the excise duty point or immediately before that time in an excise warehouse, Part II and (except for the case of UK distance selling arrangements) Part III of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 do not apply to tobacco products.
2
Amend the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 as follows —
a
in the definition of a “tax warehouse” in regulation 2(1) insert after “1979”
“and any premises registered for the safe storage of tobacco products in accordance with regulations made under section 7(1)(b) of the Tobacco Products Duty Act 1979”;
after regulation 3(3) insert —
4
Save in the case of tobacco products that were at the time of the excise duty point or immediately before that time in an excise warehouse, Part II and (except for the case of UK distance selling arrangements) Part III of these Regulations do not apply to tobacco products.
;
in regulation 4(4), omit the words “chewing tobacco or”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
8th May 2001


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Education (Bursaries for School Teacher Training Pilot Scheme) (England) (Amendment) Regulations 2001 and shall come into force on 30th March 2001.
2
The Education (Bursaries for School Teacher Training Pilot Scheme) (England) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 after the definition of “non-maintained special school” there shall be inserted the following definition —
“qualified teacher” has the meaning given to that expression by section 218(2) of the Education Reform Act 1988 .
.
4
In regulation 6(1) for the words “31st March 2001” there shall be substituted the words “31st August 2001”.
Estelle Morris
Minister of State,
Department for Education and Employment
6th March 2001


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Amendment) (England) Regulations 2001 and shall come into force on 15th February 2001.
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 shall be amended by the insertion at the end of Schedule 1 of the following paragraphs —
14
A person who on or before 7th May 1999 —
a
was employed as a teacher at a relevant school in England or Wales; and
b
either —
i
had successfully completed a course of initial training for teachers in schools at an educational institution in Scotland, or
ii
was registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.
15
A person who on or before 7th May 1999 —
a
was employed as a teacher at a relevant school in England or Wales; and
b
either —
i
had successfully completed a course of initial training for teachers in schools at an educational institution in Northern Ireland, or
ii
had been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Northern Ireland Department of Education, that confirmation not having been withdrawn at any time subsequent to the award.
16
A person who is a qualified teacher by virtue of paragraph 10 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 .
.
Estelle Morris
Minister of State,
Department for Education and Employment
19th January 2001


text:
Citation and commencement
1
1
This Order may be cited as the Port of Tyne Harbour Revision Order 2001.
2
This Order shall come into force on 1st March 2001.
Interpretation
2
In this Order —
“the appointed day” means such day as the Authority may appoint for the purposes of article 3 of this Order;
“the Authority” means the Port of Tyne Authority;
“dredging licence” means a licence under article 7 of this Order;
“the level of high-water” means the level of mean high-water springs;
“Northumberland Dock” means the area shown outlined in blue on the signed plan, being an area enclosed by an imaginary line commencing on the western side of the entrance to Northumberland Dock at point NZ 433808 566165 (point A) extending in a north-westerly direction to a point NZ 433794 566173 (point B) then extending in a northerly direction along the western river wall to a point NZ 433779 566241 (point C) then extending in a westerly direction along that wall to a point NZ 433730 566233 (point D) then extending in a north-westerly and northerly direction along that wall to a point NZ 433709 566300 (point E) then extending in a generally easterly direction along the jetty of the former Maypole Lead Works to a point NZ 433920 566342 (point F) then extending in a south-south-easterly direction along the boundary between the land of the Authority and of Northumbrian Water plc to a point NZ 433930 566300 (point G) then extending in a westerly direction along that boundary to a point NZ 433909 566295 (point H) then extending in a southerly direction along that boundary to a point NZ 433908 566241 (point J) then extending in an easterly direction along that boundary to a point NZ 433957 566241 (point K) then extending in a generally south-westerly direction along the eastern side of Northumberland Dock to a point NZ 433889 566184 (point L) then extending in a westerly direction across the entrance of Northumberland Dock to point A.
“operator” and “telecommunications code system” have the meanings given by paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984 ;
“the Port” has the same meaning as in the Port of Tyne Reorganisation Scheme 1967 ;
“the signed plan” means the plan marked “Port of Tyne Harbour Revision Order 2000” signed in duplicate by the Head of Ports Division in the Department of the Environment, Transport and the Regions, one copy of which has been deposited at the offices of that Department and the other at the offices of the Authority at Maritime House, Tyne Dock, South Shields, Tyne & Wear NE34 9PT;
“statutory undertaker” means —
any person who is a statutory undertaker for the purposes of the Town and Country Planning Act 1990 ;
any other person who exercises functions under the Land Drainage Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; and
any operator of a telecommunications code system.
Power to close Northumberland Dock
3
1
Notwithstanding anything contained in any enactment or rule of law, the Authority may, on such day as they may by resolution appoint, close Northumberland Dock and the facilities therein.
2
The date appointed by the Authority by resolution as the date for the closure of Northumberland Dock under this article shall be a date not less than two months after the date of the resolution.
3
Not less than 28 days before the appointed day the Authority shall publish in Lloyd’s List newspaper and in at least one local newspaper circulating in Newcastle-upon-Tyne a notice containing a copy of the resolution and explaining the effect thereof.
Repeal of section 6 of Tyne Improvement Act 1957
4
On the appointed day section 6 of the Tyne Improvement Act 1957 (Work No. 3 to form part of river Tyne) shall be repealed.
Restriction of dredging
5
1
Subject to paragraph (3) below, no person other than the Authority shall dredge on, under or over tidal waters or land below the level of high water in the Port unless he is licensed so to do by a dredging licence, and no such person shall do so except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 7 of this Order.
2
The Authority may by notice require a person who contravenes this article to abate or rectify, within a reasonable time specified in the notice, any operation or omission to which the contravention relates and to restore the site thereon to its former condition; and if he fails to comply with the notice, the Authority may carry out the works so required and may recover from him the cost of so doing.
3
Nothing in this article shall apply to —
a
any operations specifically authorised by any enactment; or
b
any operations of a statutory undertaker.
4
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Control of certain operations of statutory undertakers
6
1
This article applies to any dredging in the Port by a statutory undertaker on, under or over tidal waters or land below the level of high water, not being operations which are specifically authorised by an enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations to which this article applies unless it has given notice of its intention to do so to the Authority and has supplied the Authority with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker shall inform the Authority of the operations as soon as reasonably practicable.
4
Any operations to which this article applies shall be carried out subject to any directions which may from time to time be given by the Authority to the statutory undertaker, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations.
5
Any person who, without reasonable excuse, contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licence to dredge
7
1
The Authority may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the Port.
2
Application for a dredging licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence, and in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.
3
The following provisions of the Port of Tyne Act 1990 shall apply in relation to a dredging licence as they apply in relation to a works licence within the meaning of that Act: —
a
subsections (2) to (8) of section 5 (Works licences);
b
section 6 (Appeals in respect of works licences);
c
section 7 (Protection of Crown interests); and
d
section 8 (Saving for Trinity House).
4
Subject to paragraphs (5) and (6) below, any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit.
5
No such material shall be laid down or deposited in any place within the Port below the level of high water except in such positions as may be approved by the Authority and subject to such conditions as may be imposed by the Authority.
6
If it appears to the holder of the dredging licence that the Authority have unreasonably withheld their approval under paragraph (5) above or that any condition imposed by the Authority under that paragraph is unreasonable, he may appeal to the Secretary of State whose decision shall be binding upon the parties.
Repeal of section 14 of Tyne Improvement Act 1925
8
Section 14 of the Tyne Improvement Act 1925 (Prohibition against dredging &c. without licence) is hereby repealed.
Saving for other enactments
9
Nothing in this Order shall affect the operation of any order, regulation or other instrument made under the Customs and Excise Management Act 1979 or the Public Health (Control of Disease) Act 1984 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Stephen Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
13 February 2001


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Prisons) Regulations 2001 and shall come into force on 11th May 2001.
2
The Regulations specified in the First Schedule hereto are hereby revoked.
3
1
This regulation applies to each of the prisons specified in column 1 of the Second Schedule hereto, each of which for the purpose of this regulation shall be taken to comprise either an area bounded by a circle of the radius specified in column 2 of the said Schedule opposite its name centred on the position so specified in column 3 of the said Schedule or in the case of Altcourse, Belmarsh and Frankland the area described in column 2 of the said Schedule.
2
Subject to paragraph (3), no helicopter shall fly over a prison to which this regulation applies below such height above mean sea level as is specified in column 4 of the said Schedule opposite its name.
3
Nothing in this regulation shall prohibit:
a
in relation to the high security prison at Bristol, flight by any helicopter flying within the Bristol (Filton) aerodrome control zone under the control of the air traffic control unit at Bristol (Filton) aerodrome;
b
flight by any helicopter operated by or on behalf of a police force for any area of the United Kingdom; or
c
in relation to the high security prison at Belmarsh; flight by any helicopter flying in accordance with the Instrument Flight Rules and in accordance with instructions given by the air traffic control unit at London City airport.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Ian McBrayne
Head of Civil Aviation Division
Department of the Environment, Transport and the Regions
18th April 2001


text:
1
This Order may be cited as The A650 Trunk Road (Drighlington Bypass) (Detrunking) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
i
“the plan” means the plan numbered HA/0/PS/228 and marked “The A650 Trunk Road (Drighlington Bypass) (Detrunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Floor 13 (IMD), Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA.
ii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A650 Trunk Road.
3
The length of the trunk road described in the schedule to this Order shall cease to be trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Kevin Lasbury
Divisional Director Highways Agency
8th March 2001


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 2001 and shall come into force on 14th September 2001.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
24th August 2001


text:
Title, commencement and extent
1
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 2001 and shall come into force on the day after the day on which it is laid before Parliament.
2
This Scheme shall apply in relation to England only.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“ the Act ” means the Fisheries Act 1981;
“application” means an application for grant under this Scheme and “applicant” shall be construed accordingly;
“the appropriate closing date” has the meaning assigned to it in paragraph 4(3);
“the appropriate decommissioning date” has the meaning assigned to it in paragraph 7(3);
“approval” means approval granted under paragraph 6 of this Scheme;
“authorised officer” means any officer authorised in writing by the Minister for the purposes of this Scheme;
“ the Commission ” means the Commission of the European Communities;
“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;
“Council Regulation 1260/1999” means Council Regulation ( EC ) No. 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds ;
“Council Regulation 2792/1999” means Council Regulation (EC) No. 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector , as corrected by Corrigenda , and as amended by Council Regulation (EC) No. 1451/2001 ;
“day” means all or any part of a period of 24 consecutive hours beginning at midnight;
“decommissioning” has the meaning assigned to it in paragraph 8(4) and related expressions shall be construed accordingly;
“E.C. Treaty” means the Treaty establishing the European Community;
“fishing trips” means time spent by a vessel:
engaged in fishing for profit; or
steaming between port and fishing ground and between one fishing ground and another,
and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;
“grant” means decommissioning grant under this Scheme;
“gross tonnage”, in relation to a vessel, shall be calculated in accordance with Article 4(1) of Council Regulation ( EEC ) No 2930/1986 defining the characteristics of fishing vessels , as amended by Council Regulation (EC) No. 3259/1994 ;
“ LIBOR ”, in relation to any particular day of the month, means the rate of interest per centum notified to the Minister by the Bank of England on the first working day of that month, rounded if necessary to two decimal places;
“member” in the expression “member State”, refers to membership of the European Community;
“the register” means the register of vessels established under section 8 of the Merchant Shipping Act 1995 and references to “registered” shall be construed accordingly;
“the relevant amount” means such amount as the Minister may, before exercising her functions under paragraph 5(2), determine is available in respect of the decision to invite applications under paragraph 4(1); and
“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b).
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph so numbered in this Scheme.
Decommissioning grants
3
1
Any person who owns a registered vessel —
a
which is over 10 metres in length;
b
in respect of which there is a licence to which sub-paragraph (2) applies;
c
which whilst registered as a United Kingdom vessel has, during each of the calendar years 1999 and 2000, spent at least the appropriate number of days at sea on fishing trips;
d
which is at least 10 years old at the date of the application;
e
which, in the case of a vessel over 12 metres in registered length had, on the date of application, a valid United Kingdom Vessel Certificate, issued by the Maritime and Coastguard Agency, under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 ; and
f
which is an English based vessel,
may make an application to the Minister in respect of that vessel.
2
This sub-paragraph applies to Category A licences excluding Category A (Pelagic Purser), Category A (Pelagic Freezer) and Category A (Pelagic Trawler) licences.
3
The Minister shall publish a notice specifying the appropriate number of days in such manner as she considers appropriate.
4
Notwithstanding sub-paragraph (1), the Minister may reject an application in respect of a vessel which in her opinion is not fit for undertaking fishing trips.
5
For the purposes of this paragraph —
“the appropriate number of days” means such number of days as the Minister may from time to time determine;
“Category A licence” means a licence granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 which authorises fishing in all or any part of the Community waters for all or any of the species of sea fish for which the United Kingdom has a share of the Community total allowable catch ;
“English based vessel” means a vessel the port of administration of which is, throughout the period from 1st January 2001 until the date of the approval relating to the vessel, both dates inclusive, a port in England; and
“port of administration”, in relation to a vessel, means the port at which the licence granted in respect of the vessel under section 4 of the Sea Fish (Conservation) Act 1967 is issued.
Applications
4
1
The Minister may from time to time invite applications and where she does so the following provisions of this paragraph shall apply.
2
Without prejudice to the other provisions of this Scheme, an application must be delivered in accordance with this paragraph on or before the appropriate closing date in order to be considered for approval.
3
In this Scheme “the appropriate closing date” means such date as the Minister may from time to time determine.
4
The Minister shall publish in such manner as she considers appropriate a notice inviting applications and specifying the appropriate closing date.
5
An application made in pursuance of a notice published in sub-paragraph (4) shall be in writing, shall be made in such form and manner, shall include such information and undertakings and shall be delivered to such address as the Minister may specify in the notice or from time to time require.
6
An applicant shall furnish all such further information relating to the application as the Minister may specify in the notice or from time to time require.
7
An application shall be in respect of one vessel only and shall include a bid stating the amount of grant for which the applicant offers to —
a
decommission the vessel,
b
surrender all licences and claims to licences in respect of the vessel in accordance with the requirements of paragraph (9)(1)(a), and
c
remove the vessel from the register.
8
No more than one application in pursuance of a notice published under sub-paragraph (4) may be made in respect of any vessel.
9
Where an application in respect of a vessel has been approved by the Minister under paragraph 6, no further application may be made in respect of that vessel.
Consideration of applications
5
1
As soon as reasonably practicable after the appropriate closing date the Minister shall —
a
identify those applications made in pursuance of the notice published under paragraph 4(4) which satisfy the foregoing provisions of this Scheme;
b
reject any application contrary to Article 7 of Council Regulation 2792/1999;
c
reject any application to which sub-paragraph (5) applies;
d
divide the bids included in all remaining applications by the number of gross tonnes of the vessel concerned; and
e
subject to sub-paragraph (6), place each such application in rank according to the result of the calculation referred to in paragraph (d).
2
Subject to sub-paragraph (3), the Minister may —
a
select an application for approval according to the rank in which it has been placed under sub-paragraph (1) provided that approval of that application, together with any application higher in rank, will not result in the total of the bids relating to those applications exceeding the relevant amount; and
b
where selection of an application would have that result, place the application on a reserve list in the same rank.
3
The Minister may reject any application if she considers sufficient benefit, or value for money, is unlikely to be derived from the bid having regard to all relevant considerations, including the extent to which approval of the application would contribute towards fulfilment of the obligations of the United Kingdom deriving from:
a
Commission Decision 98/124/EC of 16 December 1997 approving the multiannual guidance programme for the fishing fleet of the United Kingdom for the period from 1 January 1997 to 31 December 2001 ;
b
Council Decision 97/413/EC relating to the objectives and detailed rules for restructuring the Community fisheries sector over the period 1st January 1997 to 31st December 2001 with a view to achieving a lasting balance between the resources and their exploitation .
4
The Minister shall select for approval the highest ranked application on the reserve list established in accordance with sub-paragraph (2)(b) where —
a
any amount remaining available after deduction from the relevant amount of the total of the bids for which approval has been granted; and
b
any amount of grant unclaimed by the appropriate decommissioning date or thereafter withheld or recovered under this Scheme in relation to any approval,
together, are sufficient for the approval of that application without exceeding the relevant amount.
5
This paragraph applies to any application which the Commission decide is incompatible with the common market having regard to Article 87 of the EC Treaty.
6
The Minister may reject an application where she has reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
7
Where as a result of the procedures referred to in sub-paragraphs (2) and (4) there are two or more identical bids per gross tonne which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Minister may take into account the number of days at sea spent on fishing trips by each of the vessels concerned during the calendar years 1999 and 2000, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.
Approval of applications
6
1
The Minister shall approve any application which she has selected for approval under paragraph 5(2)(a) or (4).
2
Subject to the provisions of this Scheme, the Minister may at any time —
a
determine conditions to which an approval given under this paragraph shall be subject; and
b
amend such conditions.
3
The Minister shall in writing —
a
notify applicants of the result of their applications; and
b
notify applicants whose applications she has approved under this paragraph of any conditions which she has determined or amended under sub-paragraph (2).
4
The Minister shall publish in such manner as she considers appropriate a notice identifying the vessels to which applications selected for approval relate.
5
The Minister shall revoke any approval which the Commission decide is incompatible with the common market having regard to Article 87 of the EC Treaty and, where grant has already been paid in respect of such approval, recover the grant so paid.
6
Subject to sub-paragraph (7), the Minister may revoke an approval where she has reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
7
Paragraph 16(3) shall apply to revocation under sub-paragraph (6) as it applies to revocation under paragraph 16.
Eligibility and claims for payment of grant
7
1
Subject to sub-paragraph (2) and paragraph 16, applicants whose applications have been approved under paragraph 6 shall be eligible for payment of grant in accordance with paragraph 11.
2
No grant shall be paid to an applicant in respect of any vessel unless —
a
a claim form in respect of that application, signed by the applicant, has been delivered on or before the appropriate decommissioning date to such address as the Minister may specify; and
b
the Minister is satisfied that the requirements set out in paragraphs 8 and 9 have been complied with.
3
In this Scheme “the appropriate decommissioning date” means such date as the Minister may from time to time determine.
4
The Minister shall publish a notice specifying the appropriate decommissioning date in such manner as she considers appropriate.
5
A claim form submitted in pursuance of a notice published under sub-paragraph (4) shall be in writing, shall be made in such form and manner, shall include such information and declarations and shall be delivered to such address as the Minister may specify in the notice or from time to time require and (without prejudice to the generality of the foregoing) shall include declarations that —
a
the vessel has been decommissioned in accordance with the requirements of paragraph 8;
b
all licences and claims to licences have been surrendered in accordance with the requirements of paragraph 9(1)(a); and
c
the vessel has been removed from the register.
6
An applicant shall furnish all such further information in support of the claim form as the Minister may specify in the notice or from time to time require.
7
The Minister shall revoke an approval in respect of which no claim has been lodged on or before the appropriate decommissioning date.
Decommissioning of the vessel
8
1
At least two weeks prior to the decommissioning of the vessel the applicant shall notify the Minister in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.
2
The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) has been approved by the Minister.
3
The vessel shall be decommissioned —
a
before the appropriate decommissioning date; and
b
in accordance with —
i
the method of decommissioning which has been approved by the Minister under sub-paragraph (2); or
ii
in exceptional circumstances and with the consent of the Minister (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4).
4
In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community as a result of —
a
permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose; or
b
permanently transferring the vessel into the ownership of a museum to which sub-paragraph (5) below applies; or
c
where the Minister is satisfied that the vessel is of historic or technical interest, permanently reassigning it for preservation as historical heritage.
5
This sub-paragraph applies to a museum which —
a
is registered with Re:source , or
b
has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and is wholly or mainly maintained out of moneys provided by Parliament.
Surrender of licences and removal from the register
9
1
The applicant shall before the appropriate decommissioning date —
a
surrender the licence referred to in paragraph 3(1)(b), and all current licences granted in respect of the vessel, whether under section 4 of the Sea Fish (Conservation) Act 1967 or otherwise, and any claims to any new licences arising from such licences, to the person who granted such licences and in the case of any licences granted by a person other than by the Minister furnish to the Minister evidence that all such licences have been so surrendered; and
b
take all necessary steps to ensure that the vessel is removed from the register and furnish to the Minister evidence that it has been so removed.
2
In sub-paragraph (1)(a) “licences”, in relation to licences granted otherwise than under section 4 of the Sea Fish (Conservation) Act 1967, includes any written authorisation, consent or permit.
Substantial damage or destruction of vessel
10
1
In the event of the substantial damage or destruction of the vessel to which an application which has been approved under paragraph 6 relates —
a
the applicant shall forthwith in writing notify and provide full details to the Minister of the damage or destruction;
b
the applicant shall with the notice referred to in paragraph (a) furnish the Minister with information concerning —
i
any policy of insurance in respect of the vessel which was in force at the time of that event; and
ii
any criminal or civil proceedings which to the knowledge of the applicant are contemplated or in progress in respect of the event;
c
the applicant shall provide the Minister with such further information as she may require concerning the incident, the insurance arrangements relating to the vessel and any such criminal or civil proceedings;
d
the applicant shall if requested by the Minister provide her with written authority authorising contact with the insurers of the vessel; and
e
the applicant shall notify the Minister of any amount received under such policy of insurance, or by way of compensation or damages, as a result of the event.
2
Sub-paragraph (1) shall apply regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before the event occurred.
Amount of grant
11
The amount of grant which applicants who are eligible for payment of grant shall be paid shall be the amount of the bid made by such applicants in their applications.
Method of payment
12
1
Payments by the way of grant may be made by the Minister at such time, or by such instalments at such intervals or times, as she may determine.
2
The Minister may decline to make payment of grant to any person other than —
a
the applicant;
b
a bank or building society nominated by the applicant; or
c
a person to whom the applicant has assigned the grant.
Undertakings
13
Without prejudice to the generality of paragraph 6(2), any person whose application has been approved under paragraph 6 may be required by the Minister to provide, or arrange for the provision of, such undertakings as the Minister may consider appropriate to the case.
Assistance to authorised officers
14
Any applicant or any employee, servant or agent of any applicant shall give to an authorised officer such assistance as the officer may reasonably request to exercise the powers conferred on the officer by paragraph 15.
Powers of authorised officers
15
1
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing the authority of the officer, may exercise the powers specified in this paragraph for the purpose of ascertaining whether and to what extent —
a
a person is entitled under paragraph 3 to make the application;
b
the application should be selected under paragraph 5 for approval;
c
paragraphs 8 to 10 and 14, any relevant conditions and any undertakings given by the applicant have been complied with;
d
the decommissioning of the vessel is being, or has been, carried out;
e
any amount of grant is recoverable in accordance with paragraph 16;
f
an offence under section 17 of the Act has been or is being committed.
2
Subject to sub-paragraph (3), an authorised officer may enter upon any premises which are, or which such officer has reasonable cause to believe are, relevant premises.
3
The power conferred by sub-paragraph (2) may be exercised in relation to premises used as a dwelling house only where reasonable notice of the intended exercise of the power has been given to all residents of that dwelling house.
4
Any authorised officer who has entered any premises in accordance with paragraph (2) may inspect those premises, and any documents on those premises which are or which such officer has reasonable cause to believe are, relevant documents.
5
An authorised officer entering premises by virtue of this paragraph may be accompanied by such other person as the officer considers necessary and sub-paragraphs (2), (4), (6) and (7) and paragraph 14 shall apply in relation to such other person when acting under the instructions of the officer as if they were authorised officers.
6
An authorised officer may —
a
require any applicant or an employee, servant or agent of the applicant to produce any relevant documents and to supply such additional information in possession of the person or under their control relating to an application as the officer may reasonably request;
b
inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;
c
require that copies of, or extracts from, any relevant documents be produced; or
d
remove and retain for a reasonable period any such relevant document which the officer has reason to believe may be required as evidence of proceedings under this Scheme or which the Minister may be required to make available to the Commission pursuant to Article 38(6) of Council Regulation 1260/99 and, where any such document is kept by means of computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
7
An authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on the officer by this Scheme if the court hearing such proceedings is satisfied that —
a
the act was done in good faith;
b
there were reasonable grounds for doing it; and
c
it was done with reasonable skill and care.
8
In this Scheme —
“premises” includes any vessel or other vehicle; and
“relevant documents” means any documents relating to the vessel in respect of which an application has been made;
“relevant premises” means the vessel in respect of which an application has been made and any premises in which relevant documents are retained or in which an authorised officer has reasonable grounds to believe such documents may be retained.
Reduction, withholding and recovery of grant
16
1
If at any time after the Minister has approved an application in respect of any vessel it appears to her that —
a
any of the relevant conditions, or any undertakings provided in relation to that vessel under paragraph 13, has been breached or has not been complied with; or
b
without prejudice to the generality of paragraph (a), that any of the circumstances specified in sub-paragraph (2) exist or have occurred,
she may revoke the approval of such application in whole or in part and may reduce or withhold the grant or any part of the grant in respect of the application and, where any payment by way of grant has been made, may recover on demand as a debt an amount equal to the whole or any part of the payment which has been so made.
2
For the purposes of sub-paragraph (1)(b), the circumstances are —
a
the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
b
the applicant or an employee, servant or agent of an applicant —
i
has failed to comply with any requirement imposed under paragraph 8, 9, 10 or 14;
ii
has intentionally obstructed any officer in the exercise of the powers of the officer under paragraph 15; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect; or
c
there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before such damage or destruction occurred).
3
Before revoking an approval or reducing or withholding any grant or making a demand by virtue of paragraph (1), the Minister shall —
a
give the applicant a written explanation of the reasons for the step proposed to be taken;
b
afford the applicant the opportunity of making written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
Interest
17
1
Where the Minister intends to recover on demand payment by way of grant in whole or in part in accordance with paragraph 6(5) or 16, she may, in addition, recover interest on that amount at a rate of 1% above LIBOR calculated on a daily basis for the period from the date of payment until the date of recovery.
2
In any proceedings for recovery under this Scheme, a certificate issued by the Minister showing the rate or rates of interest, the amount of such interest recoverable and the period for which interest is calculated shall, unless the contrary is shown, be conclusive of those matters.
Elliot Morley
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
8th October 2001
We approve,
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Gloucester (Electoral Changes) Order 2001.
2
This article and articles 2, 3 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Article 4 of this Order shall come into force —
a
for the purposes of proceedings preliminary or relating to the election of parish councillors for the parish of Quedgeley, to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“city” means the city of Gloucester;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the City of Gloucester (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Gloucester
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Gloucester
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Quedgeley
4
1
The existing wards of the parish of Quedgeley shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Quedgeley Fieldcourt and Quedgeley Severn Vale; and each parish ward shall comprise the area of the city ward bearing the same name, and the number of councillors to be elected for each parish ward shall be eight.
Revocation
5
The City of Gloucester (Electoral Changes) Order 1997 and the City of Gloucester (Electoral Arrangements) Order 1976 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
30th November 2001


text:
Title, extent and commencement
1
This Scheme may be cited as the Pig Industry Restructuring (Capital Grant) Scheme 2001, shall extend to England and shall come into force on 1st March 2001.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“bank” means —
any institution for the time being authorised under a provision of the Banking Act 1987 ,
any person for the time being specified in any of paragraphs 2 to 10 of Schedule 2 to that Act (exempted persons),
any person for the time being entitled by virtue of the Banking Coordination (Second Council Directive) Regulations 1992 to accept deposits (within the meaning of that Act) in the United Kingdom;
“business plan” means a detailed plan setting out the objectives of the business, the strategy and tactics to achieve those objectives, estimates as to the financial and other circumstances of the business in the event that the objectives are achieved and the investment required to achieve those objectives;
“Non-Capital Grant Scheme” means the Pig Industry Restructuring (Non-Capital Grant) Scheme 2001 ;
“pig production” means any form of pig production including breeding, rearing and finishing.
2
In this Scheme, any reference to —
a
a numbered paragraph is a reference to the paragraph in this Scheme so numbered;
b
a numbered sub-paragraph (with no corresponding reference to a specific paragraph) is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Payment and amounts of grants
3
1
Subject to the following provisions of this Scheme, the Minister may make to any eligible person a grant towards expenditure incurred in servicing the relevant part of a qualifying loan.
2
For the purposes of this Scheme a qualifying loan is a loan which has been, or is to be, obtained from a bank for the purpose of implementing a business plan for the restructuring of a pig production business, and the relevant part of a qualifying loan is that part of the loan which —
a
has been or is to be obtained for the purposes of, or in connection with, the carrying on of a pig production business;
b
appears to the Minister to be of a capital nature or incurred in connection with expenditure of a capital nature; and
c
is approved by the Minister for the purposes of a grant under this Scheme.
3
Where a loan has been obtained partly for the purposes of or in connection with the restructuring of a pig production business and partly for other purposes, the Minister may for the purposes of a grant under this paragraph treat as a qualifying loan so much of that loan as appears to him to be referable to that restructuring.
4
The Minister may make the payment of grant under sub-paragraph (1) above subject to such conditions as he may reasonably determine.
5
No grant under this Scheme when coupled with any payment made under the Non-Capital Grant Scheme shall exceed 5% of the qualifying loan (excluding accrued interest).
Eligible persons
4
The following persons shall be eligible for a grant under this Scheme —
a
an individual carrying on a business of pig production, to whom a qualifying loan has been or is to be made and who undertakes, if his application is successful, to pursue the objectives of his business plan;
b
a body carrying on a business of pig production, to which a qualifying loan has been or is to be made and on behalf of which a person duly authorised for the purpose undertakes, if the body’s application is successful, to pursue the objectives of its business plan;
c
persons carrying on a business of pig production in partnership, to whom a qualifying loan has been or is to be made and on whose behalf the undertaking required of an individual by paragraph (a) above is given by a person duly authorised for the purpose.
Claims for grant
5
Any claims for grant under this Scheme shall be made in such form and manner and at such time as the Minister may from time to time reasonably require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Minister may reasonably require.
Joyce Quin
Minister of State Ministry of Agriculture, Fisheries and Food
31st January 2001
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Forest Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the New Forest 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 New Forest Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Southampton and South West Hampshire 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 Southampton and South West Hampshire 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 Southampton Community Health Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
15th February 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Northamptonshire) (Borough of Northampton) Order 2001 and shall come into force on 2nd July 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Northampton with the exception of the following roads:
a
the A508 road from its junction with the Borough boundary to its junction with the A45 road including all its entry and exit slip roads apart from that section of the northbound entry slip road which leads from the Rowtree Road roundabout for a distance of 245 metres measured from the centre of the Rowtree Road roundabout;
b
the A45 road from its junction with the A508 road to the Borough boundary, including all its entry and exit slip roads;
c
the A43 trunk road, known as the Blisworth Bypass, from its junction with the A45 road at Danes Camp Way roundabout to the Borough boundary;
d
the exit slip road leading from junction 15A of the M1 motorway to the Swan Valley Way roundabout;
e
the entry slip road leading from the Swan Valley Way roundabout to junction 15A of the M1 motorway;
f
the link road leading from the Swan Valley Way roundabout to the A43 trunk road roundabout;
g
the A428 trunk road from its junction with Liliput Road at the Liliput Road roundabout to the Borough boundary;
h
the A43 road from its junction with the A5076 road at the Talavera Way roundabout to the Borough boundary;
i
the A45 road, known as Weedon Road, from its junction with the C151 road at the Tollgate Way roundabout to the Borough boundary.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th May 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.4) Regulations 2001 and shall come into force on 27th August 2001.
Amendment of Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulation 3 below.
3
For the table in Schedule 5 (Fees for practical and unitary tests) there shall be substituted the table in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
30th July 2001
We approve the making of these Regulations
Gordon Brown
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the Protection of Children (Access to Lists) (Prescribed Individuals) (Amendment) Regulations 2001.
2
These Regulations shall come into force —
a
in England, on 1st April 2001;
b
in Wales, immediately after the coming into force, in relation to Wales, of section 98 of the Care Standards Act 2000.
Amendment of the Protection of Children (Access to Lists) (Prescribed Individuals) Regulations 2000
2
1
The Protection of Children (Access to Lists) (Prescribed Individuals) Regulations 2000 are amended in accordance with the following provisions of this Regulation.
2
In regulation 1(2), for the words from “and” to the end, there is substituted —
b
“local authority” has the same meaning as in the Protection of Children Act 1999 ;
c
“prospective adopter” has the same meaning as in regulation 1(3) of the Adoption Agencies Regulations.
3
For regulation 2 there is substituted —
2
For the purposes of section 103(2)(b) of the Care Standards Act 2000, the following are prescribed descriptions of individual —
a
a prospective adopter whose suitability to adopt a child is being considered pursuant to regulation 8(1) of the Adoption Agencies Regulations; and
b
an individual in relation to whom a local authority is required under section 7(1A) of the Protection of Children Act 1999 (as inserted by section 98(2) of the Care Standards Act 2000) to ascertain whether he is included in any of the lists mentioned in section 7(1) of that Act.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2001


text:
Citation
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 7) Order 2001.
Appointed day
2
1
Except as otherwise provided by the following provisions of this article, 1st December 2001 (“the appointed day”) is the day appointed for the coming into force of all provisions of the Act, so far as not already in force.
2
Section 104 of the Act (control of business transfers) comes into force on the appointed day for the purpose of insurance business transfer schemes only.
3
Subsections (1) and (2) of section 347 of the Act (record of authorised persons etc. ) come into force —
a
for the purpose of requiring the Authority to maintain a record of persons who appear to the Authority to be authorised persons who were, immediately before the appointed day, authorised under the Financial Services Act 1986 by virtue of holding a certificate issued for the purposes of Part I of that Act by a recognised professional body (within the meaning of that Act), on 1st August 2002;
b
for the purpose of requiring the Authority to maintain a record of persons who appear to the Authority to be authorised persons who are EEA firms or Treaty firms, on 1st May 2002;
c
for the purpose of requiring the Authority to maintain a record of approved persons, on 1st December 2002; and
d
for the purpose of enabling the Authority to maintain a record of any of the persons specified by sub-paragraphs (a) to (c) of this paragraph, on the appointed day.
4
The day appointed for the coming into force of —
a
section 416(3)(b) of the Act (winding up of the Policyholders Protection Board) is 2nd March 2002; and
b
section 416(3)(c) of the Act (winding up of the Deposit Protection Board) is 2nd March 2002.
5
The day appointed for the coming into force of —
a
Part V of Schedule 18 to the Act (credit unions), and
b
the repeal of provisions of the Credit Unions Act 1979 made by Schedule 22 to the Act,
is 2nd July 2002.
John Heppell
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
31st October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Liverpool Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 2001.
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 South Liverpool Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the South Liverpool Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the Trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
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
6
1
The Liverpool 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 Liverpool 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 North Mersey Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamenatry Under-Secretary of State,
Department of Health
20th October 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Salford) Order 2001 and shall come into force on 2nd April 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Salford with the exception of the following roads:
a
the A580 for the whole of its length in the City of Salford including its on and off slip roads;
b
the section of the A6 road from the point where it joins the A580 road at the Irlams O Th'Height roundabout to its junction with Oldfield Road, Salford;
c
the section of the A57 road from the point 530 metres west of Peel Green roundabout, Eccles to its junction with Gilchrist Road, Cadishead;
d
the section of the A57 road known as Regent Road, Salford from the point where it crosses the boundary between the City of Manchester and the City of Salford to its junction with the M602 motorway at the M602 roundabout and including the M602 roundabout;
e
the section of the A576 road from the point where it crosses the boundary between the City of Salford and the Metropolitan Borough of Trafford at Centenary Bridge to its junction with the M602 motorway at the Gildabrook roundabout and including the roundabout;
f
the A6042 for the whole of its length in the City of Salford together with the route of the proposed extension of the A6042 to the boundary between the City of Salford and the City of Manchester;
g
the A5063 road for the whole of its length in the City of Salford including its on and off slip roads;
h
the M60 motorway for the whole of its length in the City of Salford including its on and off slip roads;
i
the M61 motorway for the whole of its length in the City of Salford including its on and off slip roads;
j
the M62 motorway for the whole of its length in the City of Salford including its on and off slip roads;
k
the M602 motorway for the whole of its length in the City of Salford including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 2001


text:
1
This Order may be cited as the A557 Trunk Road (M62 Junction 7 to Queensway) (Detrunking) Order 2001 and shall come into force on 1st December 2001.
2
In this Order —
i
“the plan”
means the plan, numbered HA10/PS/231 consisting of Sheets 1–4 marked “The A557 Trunk Road (Between M62 Junction 7 and Queensway) (Detrunking) Order 2001”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Department of Transport, Local Government and the Regions, DTLR , Records Management Branch, Ashdown House, Sedlescombe Road, North St. Leonards-on-Sea, East Sussex, TN37 7GA.
iii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is alo classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road”
means the A557 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by Authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Divisional Director, Operations Division North, The Highways Agency
18th October 2001