text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Chorley (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 6, 7, 9 and 10 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5 and 8 shall come into force —
a
for the purposes of proceedings preliminary or relating to the elections of parish councillors for the parishes of Clayton-le-Woods, Coppull, and Withnell to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Chorley;
“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 Borough of Chorley (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Chorley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Chorley
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough 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
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
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 Clayton-le-Woods
4
The parish of Clayton-le-Woods shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Coppull
5
The parish of Coppull shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Euxton
6
The parish of Euxton shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Whittle-le-Woods
7
The parish of Whittle-le-Woods shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Withnell
8
The parish of Withnell shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Parish Elections
9
1
The term of office of any councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Euxton and Whittle-le-Woods shall be three years.
2
The term of office of any parish councillor elected on the ordinary day of election of councillors in 2000 for the parish of Charnock Richard shall be three years.
3
The ordinary elections of parish councillors for the parish of Withnell in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
4
Elections of all parish councillors for the parishes of Anglezarke, Euxton, Heapey, Mawdesley, Wheelton and Whittle-le-Woods shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
Elections of all parish councillors for the parish of Charnock Richard shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
6
Elections of all parish councillors for the parishes of Anderton, Brindle, Heath Charnock, Hoghton, Rivington and Withnell shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
7
The term of office of any parish councillor to whom paragraphs (4), (5) and (6) of this article apply shall be four years; and those parish 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.
8
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parish of Withnell as if the references in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May 2004.
Revocation
10
The Borough of Chorley (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A10 London–Cambridge–King’s Lynn Trunk Road (A47 King’s Lynn to A14 Milton, Cambridgeshire) (Detrunking) Order 2001 and shall come into force on 1st May 2001.
2
In this Order —
i
“the plan” means the plan numbered L306GB/401/A140/6-11, marked A10 Trunk Road London–Cambridge–King’s Lynn Trunk Road (A47 King’s Lynn to A14 Milton, Cambridgeshire) Detrunking Order 2001 signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Room G44, St Christopher House, Southwark Street, London SE1 0TE;
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 A10 trunk road.
3
From the date when this Order comes into force 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.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W S C Wadrup
A Divisional Director in The Highways Agency
14th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tax Credits Schemes (Miscellaneous Amendments) Regulations 2001 and shall come into force on 30th January 2001.
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Disability Working Allowance Regulations and the Family Credit Regulations
2
Amend the Disability Working Allowance Regulations and the Family Credit Regulations as follows.
Income to be disregarded
3
1
Amend Schedule 3 to the Disability Working Allowance Regulations (“Schedule 3”) and Schedule 2 to the Family Credit Regulations (“Schedule 2”) as follows.
2
Add as paragraph 68 of Schedule 3 and paragraph 70 of Schedule 2 the following paragraph —
£15 of any —
a
widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;
b
widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.
.
3
This regulation shall have effect in relation to award periods commencing on or after 10th April 2001.
Capital to be disregarded
4
1
Amend Schedule 4 to the Disability Working Allowance Regulations (“Schedule 4”) and Schedule 3 to the Family Credit Regulations (“Schedule 3”) as follows.
2
Add as paragraph 64 of Schedule 4 and paragraph 65 of Schedule 3 the following paragraph —
Any payment of £10,000 made by the Secretary of State to the claimant as a person who was held prisoner by the Japanese during World War Two or as the spouse of such a person.
.
3
This regulation shall have effect in relation to award periods commencing on or after 30th January 2001.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Camden and Islington Mental Health National Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Camden and Islington Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Camden and Islington Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Camden and Islington Mental Health National Health Service Trust, St Pancras Hospital, St Pancras Way, London NW1 0PE; and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Camden and Islington Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd March 2001


text:
Citation, commencement and revocation
1
1
These Rules may be cited as the Insurers (Winding Up) Rules 2001 and come into force on 1st December 2001.
2
The Insurance Companies (Winding Up) Rules 1985 are revoked.
Interpretation
2
1
In these Rules, unless the context otherwise requires —
“the 1923 Act ” means the Industrial Assurance Act 1923 ;
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Act” means the Insolvency Act 1986;
“the 2000 Act ” means the Financial Services and Markets Act 2000;
“ the Authority ” means the Financial Services Authority;
“company” means an insurer which is being wound up;
“contract of general insurance” and “contract of long-term insurance” have the meaning given by article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“excess of the long-term business assets” means the amount, if any, by which the value of the assets representing the fund or funds maintained by the company in respect of its long-term business as at the liquidation date exceeds the value as at that date of the liabilities of the company attributable to that business;
“excess of the other business assets” means the amount, if any, by which the value of the assets of the company which do not represent the fund or funds maintained by the company in respect of its long-term business as at the liquidation date exceeds the value as at that date of the liabilities of the company (other than liabilities in respect of share capital) which are not attributable to that business;
“Financial Services Compensation Scheme” means the scheme established under section 213 of the 2000 Act;
“general business” means the business of effecting or carrying out a contract of general insurance;
“the general regulations” means the Insolvency Regulations 1994 ;
“the Industrial Assurance Acts ” means the 1923 Act and the Industrial Assurance and Friendly Societies Act 1948 ;
“insurer” has the meaning given by article 2 of the Financial Services and Markets Act 2000 (Insolvency) (Definition of “Insurer”) Order 2001 ;
“linked liability” means any liability under a policy the effecting of which constitutes the carrying on of long-term business the amount of which is determined by reference to —
the value of property of any description (whether or not specified in the policy),
fluctuations in the value of such property,
income from any such property, or
fluctuations in an index of the value of such property;
“linked policy” means a policy which provides for linked liabilities and a policy which when made provided for linked liabilities is deemed to be a linked policy even if the policy holder has elected to convert his rights under the policy so that at the liquidation date there are no longer linked liabilities under the policy;
“liquidation date” means the date of the winding-up order or the date on which a resolution for the winding up of the company is passed by the members of the company (or the policyholders in the case of a mutual insurance company) and, if both a winding-up order and winding-up resolution have been made, the earlier date;
“long-term business” means the business of effecting or carrying out any contract of long-term insurance;
“non-linked policy” means a policy which is not a linked policy;
“other business”, in relation to a company carrying on long-term business, means such of the business of the company as is not long-term business;
“the principal rules ” means the Insolvency Rules 1986 ;
“stop order”, in relation to a company, means an order of the court, made under section 376(2) of the 2000 Act, ordering the liquidator to stop carrying on the long-term business of the company;
“unit” in relation to a policy means any unit (whether or not described as a unit in the policy) by reference to the numbers and value of which the amount of the liabilities under the policy at any time is measured.
2
Unless the context otherwise requires, words or expressions contained in these Rules bear the same meaning as in the principal rules, the general regulations, the 1986 Act, the 2000 Act or any statutory modification thereof respectively.
Application
3
1
These Rules apply to proceedings for the winding up of an insurer which commence on or after the date on which these Rules come into force.
2
These Rules supplement the principal rules and the general regulations which continue to apply to the proceedings in the winding up of an insurer under the 1986 Act as they apply to proceedings in the winding up of any company under that Act; but in the event of a conflict between these Rules and the principal rules or the general regulations these Rules prevail.
Appointment of liquidator
4
Where the court is considering whether to appoint a liquidator under —
a
section 139(4) of the 1986 Act (appointment of liquidator where conflict between creditors and contributories), or
b
section 140 of the 1986 Act (appointment of liquidator following administration or voluntary arrangement),
the manager of the Financial Services Compensation Scheme may appear and make representations to the court as to the person to be appointed.
Separation of long-term and other business in winding up
5
1
This rule applies in the case of a company carrying on long-term business.
2
The assets of the company which, in accordance with regulation 3 of the Financial Services and Markets Act 2000 (Treatment of Assets of Insurers on Winding Up) Regulations 2001 , are available for meeting the liabilities of the company attributable to its long-term business shall be applied in discharge of those liabilities as though those assets and those liabilities were the assets and liabilities of a separate company.
3
The assets of the company which, in accordance with the aforementioned Regulations, are available for meeting the liabilities of the company attributable to its other business shall be applied in discharge of those liabilities as though those assets and those liabilities were the assets and liabilities of a separate company.
Valuation of general business policies
6
Except in relation to amounts which have fallen due for payment before the liquidation date and liabilities referred to in paragraph 2(1)(b) of Schedule 1, the holder of a general business policy shall be admitted as a creditor in relation to his policy without proof for an amount equal to the value of the policy and for this purpose the value of a policy shall be determined in accordance with Schedule 1.
Valuation of long-term policies
7
1
This rule applies in relation to a company’s long-term business where no stop order has been made.
2
In relation to a claim under a policy which has fallen due for payment before the liquidation date, a policy holder shall be admitted as a creditor without proof for such amount as appears from the records of the company to be due in respect of that claim.
3
In all other respects a policy holder shall be admitted as a creditor in relation to his policy without proof for an amount equal to the value of the policy and for this purpose the value of a policy of any class shall be determined in the manner applicable to policies of that class provided by Schedules 2, 3 and 4.
4
This rule applies in relation to a person entitled to apply for a free paid-up policy under section 24 of the 1923 Act (provisions as to forfeited policies) and to whom no such policy has been issued before the liquidation date (whether or not it was applied for) as if such a policy had been issued immediately before the liquidation date —
a
for the minimum amount determined in accordance with section 24(2) of the 1923 Act, or
b
if the liquidator is satisfied that it was the practice of the company during the five years immediately before the liquidation date to issue policies under that section in excess of the minimum amounts so determined, for the amount determined in accordance with that practice.
8
1
This rule applies in relation to a company’s long-term business where a stop order has been made.
2
In relation to a claim under a policy which has fallen due for payment on or after the liquidation date and before the date of the stop order, a policy holder shall be admitted as a creditor without proof for such amount as appears from the records of the company and of the liquidator to be due in respect of that claim.
3
In all other respects a policy holder shall be admitted as a creditor in relation to his policy without proof for an amount equal to the value of the policy and for this purpose the value of a policy of any class shall be determined in the manner applicable to policies of that class provided by Schedule 5.
4
Paragraph (4) of rule 7 applies for the purposes of this rule as if references to the liquidation date (other than that in sub-paragraph (b) of that paragraph) were references to the date of the stop order.
Attribution of liabilities to company’s long-term business
9
1
This rule applies in the case of a company carrying on long-term business if at the liquidation date there are liabilities of the company in respect of which it is not clear from the accounting and other records of the company whether they are or are not attributable to the company’s long-term business.
2
The liquidator shall, in such manner and according to such accounting principles as he shall determine, identify the liabilities referred to in paragraph (1) as attributable or not attributable to a company’s long-term business and those liabilities shall for the purposes of the winding-up be deemed as at the liquidation date to be attributable or not as the case may be.
3
For the purposes of paragraph (2) the liquidator may —
a
determine that some liabilities are attributable to the company’s long-term business and that others are not (the first method); or
b
determine that a part of a liability shall be attributable to the company’s long-term business and that the remainder of the liability is not (the second method),
and he may use the first method for some of the liabilities and the second method for the remainder of them.
4
Notwithstanding anything in the preceding paragraphs of this rule, the court may order that the determination of which (if any) of the liabilities referred to in paragraph (1) are attributable to the company’s long-term business and which (if any) are not shall be made in such manner and by such methods as the court may direct or the court may itself make the determination.
Attribution of assets to company’s long-term business
10
1
This rule applies in the case of a company carrying on long-term business if at the liquidation date there are assets of the company in respect of which —
a
it is not clear from the accounting and other records of the company whether they do or do not represent the fund or funds maintained by the company in respect of its long-term business, and
b
it cannot be inferred from the source of the income out of which those assets were provided whether they do or do not represent those funds.
2
Subject to paragraph (6) the liquidator shall determine which (if any) of the assets referred to in paragraph (1) are attributable to those funds and which (if any) are not and those assets shall, for the purposes of the winding up, be deemed as at the liquidation date to represent those funds or not in accordance with the liquidator’s determination.
3
For the purposes of paragraph (2) the liquidator may —
a
determine that some of those assets shall be attributable to those funds and that others of them shall not (the first method); or
b
determine that a part of the value of one of those assets shall be attributable to those funds and that the remainder of that value shall not (the second method),
and he may use the first method for some of those assets and the second method for others of them.
4
a
In making the attribution the liquidator’s objective shall in the first instance be so far as possible to reduce any deficit that may exist, at the liquidation date and before any attribution is made, either in the company’s long-term business or in its other business.
b
If there is a deficit in both the company’s long-term business and its other business the attribution shall be in the ratio that the amount of the one deficit bears to the amount of the other until the deficits are eliminated.
c
Thereafter the attribution shall be in the ratio which the aggregate amount of the liabilities attributable to the company’s long-term business bears to the aggregate amount of the liabilities not so attributable.
5
For the purposes of paragraph (4) the value of a liability of the company shall, if it falls to be valued under rule 6 or 7, have the same value as it has under that rule but otherwise it shall have such value as would have been included in relation to it in a balance sheet of the company prepared in accordance with the 1985 Act as at the liquidation date; and, for the purpose of determining the ratio referred to in paragraph (4) but not for the purpose of determining the amount of any deficit therein referred to, the net balance of shareholders' funds shall be included in the liabilities not attributable to the company’s long-term business.
6
Notwithstanding anything in the preceding paragraphs of this rule, the court may order that the determination of which (if any) of the assets referred to in paragraph (1) are attributable to the fund or funds maintained by the company in respect of its long-term business and which (if any) are not shall be made in such manner and by such methods as the court may direct or the court may itself make the determination.
Excess of long-term business assets
11
1
Where the company is one carrying on long-term business, for the purpose of determining the amount, if any, of the excess of the long-term business assets, there shall be included amongst the liabilities of the company attributable to its long-term business an amount determined by the liquidator in respect of liabilities and expenses likely to be incurred in connection with the transfer of the company’s long-term business as a going concern to another insurance company being liabilities not included in the valuation of the long-term policies made in pursuance of rule 7.
2
Where the liquidator is carrying on the long-term business of an insurer with a view to that business being transferred as a going concern to a person or persons (“transferee”) who may lawfully carry out those contracts (or substitute policies being issued by another insurer), the liquidator may, in addition to any amounts paid by the Financial Services Compensation Scheme for the benefit of the transferee to secure such a transfer or to procure substitute policies being issued, pay to the transferee or other insurer all or part of such funds or assets as are attributable to the long-term business being transferred or substituted.
Actuarial advice
12
1
Before doing any of the following, that is to say —
a
determining the value of a policy in accordance with Schedules 1 to 5 (other than paragraph 3 of Schedule 1);
b
identifying long-term liabilities and assets in accordance with rules 9 and 10;
c
determining the amount (if any) of the excess of the long-term business assets in accordance with rule 11;
d
determining the terms on which he will accept payment of overdue premiums under rule 21(1) or the amount and nature of any compensation under rule 21(2);
the liquidator shall obtain and consider advice thereon (including an estimate of any value or amount required to be determined) from an actuary.
2
Before seeking, for the purpose of valuing a policy, the direction of the court as to the assumption of a particular rate of interest or the employment of any rates of mortality or disability, the liquidator shall obtain and consider advice thereon from an actuary.
Utilisation of excess of assets
13
1
Except at the direction of the court, no distribution may be made out of and no transfer to another insurer may be made of —
a
any part of the excess of the long-term business assets which has been transferred to the other business; or
b
any part of the excess of the other business assets, which has been transferred to the long-term business.
2
Before giving a direction under paragraph (1) the court may require the liquidator to advertise the proposal to make a distribution or a transfer in such manner as the court shall direct.
14
In the case of a company carrying on long-term business in whose case no stop order has been made, regulation 5 of the general regulations (payments into the Insolvency Services Account) applies only in relation to the company’s other business.
Custody of assets
15
1
The Secretary of State may, in the case of a company carrying on long-term business in whose case no stop order has been made, require that the whole or a specified proportion of the assets representing the fund or funds maintained by the company in respect of its long-term business shall be held by a person approved by him for the purpose as trustee for the company.
2
No assets held by a person as trustee for a company in compliance with a requirement imposed under this rule shall, so long as the requirement is in force, be released except with the consent of the Secretary of State but they may be transposed by the trustee into other assets by any transaction or series of transactions on the written instructions of the liquidator.
3
The liquidator may not grant any mortgage or charge of assets which are held by a person as trustee for the company in compliance with a requirement imposed under this rule except with the consent of the Secretary of State.
Maintenance of accounting, valuation and other records
16
1
In the case of a company carrying on long-term business in whose case no stop order has been made, regulation 10 of the general regulations (financial records) applies only in relation to the company’s other business.
2
The liquidator of such company shall, with a view to the long-term business of the company being transferred to another insurer, maintain such accounting, valuation and other records as will enable such other insurer upon the transfer being effected to comply with the requirements of any rules made by the Authority under Part X of the 2000 Act relating to accounts and statements of insurers.
Additional powers in relation to long-term business
17
1
In the case of a company carrying on long-term business in whose case no stop order has been made, regulation 9 of the general regulations (investment or otherwise handling of funds in winding up of companies and payment of interest) applies only in relation to the company’s other business.
2
The liquidator of a company carrying on long-term business shall, so long as no stop order has been made, have power to do all such things as may be necessary to the performance of his duties under section 376(2) of the 2000 Act (continuation of contracts of long-term insurance where insurer in liquidation) but the Secretary of State may require him —
a
not to make investments of a specified class or description,
b
to realise, before the expiration of a specified period, the whole or a specified proportion of investments of a specified class or description held by the liquidator.
Accounts and audit
18
1
In the case of a company carrying on long-term business in whose case no stop order has been made, regulation 12 of the general regulations (liquidator carrying on business) applies only in relation to the company’s other business.
2
The liquidator of such a company shall supply the Secretary of State, at such times or intervals as he may specify, with such accounts as he may specify and audited in such manner as he may require and with such information about specified matters and verified in such specified manner as he may require.
3
The liquidator of such a company shall, if required to do so by the Secretary of State, instruct at actuary to investigate the financial condition of the company’s long-term business and to report thereon in such manner as the Secretary of State may specify.
Security by the liquidator and special manager
19
In the case of a company carrying on long-term business in whose case no stop order has been made, rule 4.207 of the principal rules (security) applies separately to the company’s long-term business and to its other business.
Proof of debts
20
1
This rule applies in the case of a company carrying on long-term business.
2
The liquidator may in relation to the company’s long-term business and to its other business fix different days on or before which the creditors of the company who are required to prove their debts or claims are to prove their debts or claims and he may fix one of those days without at the same time fixing the other.
3
In submitting a proof of any debt a creditor may claim the whole or any part of such debt as attributable to the company’s long-term business or to its other business or he may make no such attribution.
4
When he admits any debt, in whole or in part, the liquidator shall state in writing how much of what he admits is attributable to the company’s long-tem business and how much to the company’s other business.
Failure to pay premiums
21
1
The liquidator may in the course of carrying on the company’s long-term business and on such terms as he thinks fit accept payment of a premium even though the payment is tendered after the date on which under the terms of the policy it was finally due to be paid.
2
The liquidator may in the course of carrying on the company’s long-term business, and having regard to the general practice of insurers, compensate a policy holder whose policy has lapsed in consequence of a failure to pay any premium by issuing a free paid-up policy for reduced benefits or otherwise as the liquidator thinks fit.
Notice of valuation of policy
22
1
Before paying a dividend respect of claims other than under contracts of long-term insurance, the liquidator shall give notice of the value of each general business policy, as determined by him in accordance with rule 6, to the persons appearing from the records of the company or otherwise to be entitled to an interest in that policy and he shall do so in such manner as the court may direct.
2
Before paying a dividend in respect of claims under contracts of long-term insurance and where a stop order has not been made in relation to the company, the liquidator shall give notice to the persons appearing from the records of the company or otherwise to be entitled to a payment under or to an interest in a long-term policy of the amount of that payment or the value of that policy as determined by him in accordance with rule 7(2) or (3), as the case may be.
3
If a stop order is made in relation to the company, the liquidator shall give notice to all the persons appearing from the records of the company or otherwise to be entitled to a payment under or to an interest in a long-term policy of the amount of that payment or the value of that policy as determined by him in accordance with rule 8(2) or (3), as the case may be, and he shall give that notice in such manner as the court may direct.
4
Any person to whom notice is so given shall be bound by the value so determined unless and until the court otherwise orders.
5
Paragraphs (2) and (3) of this rule have effect as though references therein to persons appearing to be entitled to an interest in a long-term policy and to the value of that policy included, respectively, references to persons appearing to be entitled to apply for a free paid-up policy under section 24 of the 1923 Act and to the value of that entitlement under rule 7 (in the case of paragraph (2) of this rule) or under rule 8 (in the case of paragraph (3) of this rule).
6
Where the liquidator summons a meeting of creditors in respect of liabilities of the company attributable either to its long-tem business or other business, he may adopt any valuation carried out in accordance with rules 6, 7 or 8 as the case may be or, if no such valuation has been carried out by the time of the meeting, he may conduct the meeting using such estimates of the value of policies as he thinks fit.
Dividends to creditors
23
1
This rule applies in the case of a company carrying on long-term business.
2
Part II of the principal rules applies separately in relation to the two separate companies assumed for the purposes of rule 5 above.
3
The court may, at any time before the making of a stop order, permit a dividend to be declared and paid on such terms as thinks fit in respect only of debts which fell due to payment before the liquidation date or, in the case of claims under long-term policies, which have fallen due for payment on or after the liquidation date.
Meetings of creditors
24
1
In the case of a company carrying on long-term business, chapter 8 of Part 4 and Part 8 of the principal rules apply to each separate general meeting of the creditors summoned by the liquidator.
2
In relation to any such separate meeting —
a
rule 4.61(3) of the principal rules (expenses of summoning meetings) has effect as if the reference therein to assets were a reference to the assets available under the above-mentioned Regulations for meeting the liabilities of the company owed to the creditors summoned to the meeting, and
b
rule 4.63 of the principal rules (resolutions) applies as if the reference therein to value in relation to a creditor who is not, by virtue of rule 6, 7 or 8 above, required to prove his debt, were a reference to the value most recently notified to him under rule 22 above or, if the court has determined a different value in accordance with rule 22(4), as if it were a reference to that different value.
Remuneration of liquidator carrying on long-term business
25
1
So long as no stop order has been made in relation to a company carrying on long-term business, the liquidator is entitled to receive remuneration for his services as such in relation to the carrying on of that business provided for in this rule.
2
The remuneration shall be fixed by the liquidation committee by reference to the time properly given by the liquidator and his staff in attending to matters arising in the winding up.
3
If there is no liquidation committee or the committee does not make the requisite determination, the liquidator’s remuneration may be fixed (in accordance with paragraph (2)) by a resolution of a meeting of creditors.
4
If not fixed as above, the liquidator’s remuneration shall be in accordance with the scale laid down for the Official Receiver by the general regulations.
5
If the liquidator’s remuneration has been fixed by the liquidation committee, and the liquidator considers the amount to be insufficient, he may request that it be increased by resolution of the creditors.
Apportionment of costs payable out of the assets
26
1
Rule 4.218 of the principal rules (general rule as to priority) applies separately to the assets of the company’s long-term business and to the assets of the company’s other business.
2
But where any fee, expense, cost, charge, disbursement or remuneration does not relate exclusively to the assets of the company’s long-tem business or to the assets of the company’s other business, the liquidator shall apportion it amongst those assets in such manner as he shall determine.
Notice of stop order
27
1
When a stop order has been made in relation to the company, the court shall, on the same day send to the Official Receiver a notice informing him that the stop order has been made.
2
The notice shall be in Form No 1 set out in Schedule 6 with such variation as circumstances may require.
3
Three copies of the stop order sealed with the seal of the court shall forthwith be sent by the court to the Official Receiver.
4
The Official Receiver shall cause a sealed copy of the order to be served upon the liquidator by prepaid letter or upon such other person or persons, or in such other manner as the court may direct, and shall forward a copy of the order to the registrar of companies.
5
The liquidator shall forthwith on receipt of a sealed copy of the order —
a
cause notice of the order in Form 2 set out in Schedule 6 to be gazetted, and
b
advertise the making of the order in the newspaper in which the liquidation date was advertised, by notice in Form No 3 set out in Schedule 6.
Irvine of Lairg, C
Dated 8th November 2001
I concur,
Patricia Hewitt
Secretary of State
Department of Trade and Industry
Dated 9th November 2001


text:
Citation and commencement
1
This Order shall be cited as the Blackburn with Darwen Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 31st August 2001.
Interpretation
2
In this Order —
“Blackburn with Darwen Education Action Zone” means the Education Action Zone established by the Blackburn with Darwen Education Action Zone Order 1998 .
Extension of the Blackburn with Darwen Education Action Zone
3
The Blackburn with Darwen Education Action Zone is extended for a further period of two years beginning with 31st August 2001.
Variation of the Blackburn with Darwen Education Action Zone Order 1998
4
There shall be inserted after article 10 of the Blackburn with Darwen Education Action Zone Order 1998 the following article:
Removal from office by Forum
10A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 5(a) or article 6, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 5(a) or 6, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 5(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 6(1), if that person no longer appears to the Forum to represent the interests of either business, parents of compulsory school age children or persons involved in the provision of education in the area served by the zone schools, as the case may be.
5
1
The Blackburn with Darwen Education Action Zone Order 1998 is varied as follows:
2
At Article 5, paragraph 1(d) of that Order, after the words “elected for any of those wards” are inserted the following words,
e
two teachers employed within a school comprising this zone, one each from the Primary and Secondary sectors, elected by the teaching staff employed within zone schools.
3
At Article 6 after the words “The Forum may at any time appoint not more than” the number “8” is substituted for the number “5”.
6
1
Schedule 1 of the Blackburn with Darwen Education Action Zone Order 1998 is varied as follows:
2
The maximum number of persons who can be appointed by the Blackburn Partnership is varied so that the number “2” is substituted for the number “3”.
3
The maximum number of persons who can be appointed by Education Action Zone Community Associations is reduced so that the number “1” is substituted for the number “3”.
4
The words “East Lancashire Training and Enterprise Council, Redrose Court, Clayton Business Park, Clayton Le Moors, Accrington, Lancashire BB5 5JR” and the corresponding number “1”, are deleted.
5
The words “Duke of Edinburgh Awards Scheme, Blackburn with Darwen Awards Council, Eve Service, Education Centre, 103 Preston North Road, Blackburn, BB2 6BJ” are deleted with the corresponding number “1”.
6
The words “Lancashire Learning Skills Council” are inserted, with a corresponding number “1”.
7
The words “small EAZ Partnership” are inserted, with a corresponding number “1”.
8
The words “Excellence in Cities Partnership” are inserted, with a corresponding number “1”.
9
The words “Blackburn with Darwen Primary Healthcare Trust, Cobham House, Haslingden Road, Blackburn, Lancashire BB1 2EE” are substituted for “Communicare National Health Service Trust, 33 Eagle Estates, Accrington, Lancashire BB5 1LN”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Post–16 Education and Training Inspection Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
1
In these Regulations: —
“ the Act ” means the Learning and Skills Act 2000;
“the Chief Inspector of Schools” means Her Majesty’s Chief Inspector of Schools in England;
“Inspectorate” means either the Adult Learning Inspectorate or the Chief Inspector of Schools;
“joint inspection” means an inspection by both the Adult Learning Inspectorate and the Chief Inspector of Schools;
“provider” means a person providing education or training;
“sole inspection” means an inspection by either the Adult Learning Inspectorate or the Chief Inspector of Schools;
“the two Inspectorates” means the Adult Learning Inspectorate and the Chief Inspector of Schools.
2
Any reference in these Regulations to the Adult Learning Inspectorate includes a reference to the Chief Inspector of Adult Learning.
3
Where these Regulations require an act to be done within a specified period from a specified date, the period begins immediately after that date.
PART II
JOINT INSPECTIONS
Establishing whether a joint inspection may be conducted
3
1
An Inspectorate which is proposing to conduct an inspection pursuant to Part III of the Act must, before beginning such inspection, ascertain whether the education or training to be inspected falls within the remits of the two Inspectorates.
2
The provider of the education or training to be inspected must give to an Inspectorate such information or other assistance as that Inspectorate may reasonably require for the purpose of enabling it to comply with the duty in paragraph (1) above.
3
Where it appears to an Inspectorate that the education or training falls within the remits of the two Inspectorates it must so inform that other Inspectorate and (where he had asked that the inspection be conducted) the Secretary of State.
Circumstances in which a joint inspection is to be conducted
4
Where a person provides education or training which falls within the remits of the two Inspectorates:
a
the Secretary of State may require the two Inspectorates to carry out a joint inspection of the education or training under the direction of the Chief Inspector of Schools; or
b
the Chief Inspector of Schools may require the Adult Learning Inspectorate to participate in a joint inspection of the education or training under the direction of the Chief Inspector of Schools.
Planning a joint inspection
5
1
A joint inspection must be carried out by a single team of inspectors made up of —
a
persons authorised under paragraph 5(1) of Schedule 1 to the School Inspections Act 1996 by the Chief Inspector of Schools;
b
Inspectors of Adult Learning or persons authorised by the Chief Inspector of Adult Learning; or
c
a mixed group of such persons,
in accordance with a plan prepared by the Chief Inspector of Schools.
2
The plan must (in the circumstances set out in paragraph 5(1)(c)) include details of the proportion of inspectors falling within paragraph (1)(a) and (b).
Reports following a joint inspection
6
1
Where a joint inspection has been completed, the Chief Inspector of Schools must make a written report.
2
The report —
a
must state whether the Chief Inspector of Schools considers the education and training inspected to be of a quality adequate to meet the reasonable needs of those receiving it, and
b
may deal with such other matters as he considers relevant.
3
When making his written report, the Chief Inspector of Schools must reflect the collective judgement of the inspectors who conducted the joint inspection.
4
Subject to paragraph (3) above, section 62(5) to (7) of the Act applies to reports of joint inspections as it applies to reports following inspections under that section.
Action plans following a joint inspection
7
The provider whose education or training was the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which that action is to be taken.
PART III
PUBLICATION OF ACTION PLANS
Publication etc. of statements (action plans) following inspection reports
8
1
This regulation prescribes, for the purposes of section 58(3), 64(3) and 71(3) of the Act, the period within which the statement required to be prepared by section 58(2) or 64(2) of the Act or regulation 7 must be published, the manner of publication and the persons to whom copies must be sent.
2
The person making the statement must publish it (in accordance with paragraph (4)) within two months from the date on which he receives the report (pursuant to section 56(5)(d) or 62(5)(c) of the Act or pursuant to section 62(5)(c) of the Act as applied by regulation 6(4));
3
For the purposes of paragraph (3) where the person making the statement is an institution which arranges education or training by reference to terms, any period falling outside a term of the institution shall be disregarded.
4
The person making the statement must publish the statement by making copies available on request to any person to whom he is providing education or training which was the subject matter of the inspection, to any employer of such a person who has made arrangements with him relating to the provision of such education or training and to any other person who appears to him to have an interest in such education or training.
5
The person providing the statement must send copies to —
a
the Chief Inspector of Schools where the inspection was conducted by him or was a joint inspection;
b
the Adult Learning Inspectorate where the inspection was conducted by them or was a joint inspection;
c
the Learning and Skills Council for England; and
d
any body which the person making the statement is aware is providing public funds in respect of education or training which was the subject matter of the joint inspection.
Publication etc. of statements (action plans) following area inspection reports
9
1
This regulation prescribes for the purposes of section 67(5) of the Act the period within which the statement required to be prepared under section 67(2) or (3) of the Act must be published, the manner of publication and the persons to whom copies must be sent.
2
The person making the statement must publish it (in accordance with paragraph (4)) within three months from the date on which he is directed to prepare the statement under section 67(2) or (3) of the Act.
3
For the purposes of paragraph (2) where the inspection under section 65 of the Act includes any institution which arranges education or training by reference to terms any period falling outside the term of any such institution shall be disregarded.
4
The person making the statement must publish it by making copies available on request to any person who appears to have an interest in the education or training which was the subject matter of the inspection.
5
The person making the statement shall send copies to —
a
the Chief Inspector of Schools;
b
the Adult Learning Inspectorate;
c
any body which the person making the statement is aware is providing public funds to any provider in respect of the education and training which was the subject matter of the inspection; and
d
each provider who provides the education or training which was the subject matter of the inspection.
PART IV
REMITS OF INSPECTORATES
Remit of Adult Learning Inspectorate
10
The training of persons who will themselves provide training mentioned in section 53(1)(b) or (d) of the Act is prescribed for the purpose of section 53(1)(e) of the Act (which provides that the Adult Learning Inspectorate’s remit includes such other education or training as may be prescribed).
Remit of the Chief Inspector of Schools
11
1
The following education and training as prescribed for the purposes of section 60(1)(d) of the Act (which provides that the extended remit of the Chief Inspector of Schools includes such other education or training as may be prescribed) —
a
LSC or HEFCE funded training, wherever conducted, to fit persons to be teachers or lecturers of further education;
b
education or training provided for persons outside the further education sector which is suitable to the requirements of those aged 16 or over but under 19 and funded wholly or partly by the Learning and Skills Council for England.
2
In paragraph (1) above “LSCE or HEFCE funded training” means training funded wholly or partly by the Learning and Skills Council for England or the Higher Education Funding Council for England.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Gosport (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Gosport;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Gosport (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Gosport
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in 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 two.
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 Gosport
3
1
Subject to the following provisions of the article, elections of councillors for all wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough 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 for any ward of the borough the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller 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.
Revocation
4
The Borough of Gosport (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Discretionary Financial Assistance Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations, “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Discretionary housing payments
2
1
Subject to paragraphs (2) and (3) and the following regulations, a relevant authority may make payments by way of financial assistance (“discretionary housing payments”) to persons who —
a
are entitled to housing benefit or council tax benefit or to both; and
b
appear to such an authority to require some further financial assistance (in addition to the benefit or benefits to which they are entitled) in order to meet housing costs.
2
Subject to paragraph (3) and regulations 4 and 5, a relevant authority has a discretion —
a
as to whether or not to make discretionary housing payments in a particular case; and
b
as to the amount of the payments and the period for, or in respect of which, they are made.
3
Paragraphs (1) and (2) shall not apply in respect of housing costs incurred in any period before 2nd July 2001 —
a
in the case of a person entitled to council tax benefit who requires further financial assistance in order to meet his liability to pay council tax;
b
in the case of a person entitled to housing benefit who requires further financial assistance in order to meet housing costs (other than costs in respect of council tax) arising from his liability to make periodical payments in respect of the dwelling which he occupies as his home.
Circumstances in which discretionary housing payments may be made
3
For the purposes of section 69(2)(a) of the Child Support, Pensions and Social Security Act 2000, the prescribed circumstance in which discretionary housing payments may be made is where a person has made a claim for a discretionary housing payment and the requirement for financial assistance does not arise as a consequence of —
a
a liability to meet any of the ineligible service charges specified in Schedule 1 to the Housing Benefit Regulations (ineligible service charges) ;
b
a liability to meet charges for water, sewerage or allied environmental services;
c
a liability to meet council tax payments in a case where the person is entitled to housing benefit but not council tax benefit;
d
a liability to make periodical payments in respect of such housing costs as are referred to in regulation 10 of the Housing Benefit Regulations in a case where the person is entitled to council tax benefit but not housing benefit;
e
a liability to meet council tax where the conditions in section 131(4) and (5) of the Social Security Contributions and Benefits Act 1992 are not satisfied and alternative maximum council tax benefit is payable;
f
a liability to meet the increase in such payment as is referred to in regulation 8(2A) of the Housing Benefit Regulations ;
g
a reduction of an amount of benefit by virtue of section 46(11) of the Child Support Act 1991 ;
h
a reduction of a specified amount of benefit by virtue of section 2A of the Social Security Administration Act 1992 ;
i
a reduction in the amount of a jobseeker’s allowance payable by virtue of section 17 of the Jobseekers Act 1995 ;
j
the non-payability of a jobseeker’s allowance or a reduction in the amount of a jobseeker’s allowance payable, pursuant to a decision made by virtue of section 19 or 20A of the Jobseekers Act 1995 ;
k
the suspension of payment of an amount of benefit by virtue of section 21, 22 or 24 of the Social Security Act 1998 or section 68 of, and paragraphs 13 and 14 of Schedule 7 to, the Child Support, Pensions and Social Security Act 2000.
Limit on the amount of the discretionary housing payment that may be made
4
The amount of a discretionary housing payment (if calculated as a weekly sum) shall not exceed, in a case where the need for further financial assistance arises as a consequence of the liability to make —
a
periodical payments in respect of the dwelling which a person occupies as his home, other than payments in respect of council tax, an amount equal to the amount of the aggregate of the payments specified in regulation 10(1) of the Housing Benefit Regulations less the aggregate of the amounts referred to in regulation 10(3)(b)(i) to (iii) of those Regulations, calculated on a weekly basis in accordance with regulation 69 and 70 of those Regulations ; or
b
payments in respect of council tax, an amount equal to the weekly amount of council tax liability of that person calculated on a weekly basis.
Period for, or in respect of which, discretionary housing payments may be made
5
A relevant authority may restrict the period for or in respect of which discretionary housing payments may be made to such period as it considers appropriate in the particular circumstances of a case.
Form, manner and procedure for claims
6
1
A relevant authority may accept a claim for discretionary housing payments —
a
in such form and manner as it approves;
b
from —
i
a person entitled to either housing benefit or, as the case may be, council tax benefit; or
ii
where it appears reasonable in the circumstances of a particular case, a person acting on behalf of a person so entitled.
2
A relevant authority may pay discretionary housing payments to either the person entitled to housing benefit or council tax benefit, or where it appears reasonable in the circumstances of a particular case, such other person as the authority thinks appropriate.
3
A relevant authority shall give a person who has claimed discretionary housing payments or who has requested a review of a decision made in respect of his claim, written notice of its decision in respect of that claim or review and the reasons for that decision as soon as is reasonably practicable.
Provision of information
7
A person claiming or receiving discretionary housing payments shall provide a relevant authority with the following information —
a
particulars of the grounds of claim or, as the case may be, particulars of the grounds for a review;
b
changes in circumstances which may be relevant to the continuance of discretionary housing payments,
and such other information as may be specified by the relevant authority within such time as that authority thinks appropriate.
Reviews
8
1
A relevant authority may review any decision it has made with respect to the making, cancellation or recovery of discretionary housing payments in such circumstances as it thinks fit.
2
Without prejudice to the generality of paragraph (1) above, a relevant authority may, on any such review, cancel the making of further such payments and recover a payment already made where that authority has determined that —
a
whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, a material fact and, as a consequence of that misrepresentation or failure to disclose, a payment has been made; or
b
an error has been made when determining the application for a payment, and as a consequence of that error, a payment had been made which would not have been made but for that error.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
25th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Acute Hospitals National Health Service Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the South Tees Acute Hospitals National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the South Tees Hospitals National Health Service Trust instead of the South Tees Acute Hospitals National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, the word “Acute” shall be deleted.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further amendment of NHS trust Establishment Order
3
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from the James Cook University Hospital, Marton Road, Middlesbrough TS4 3BW,
and at or from associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
21st March 2001


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2001 and shall come into force on 13th August 2001.
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Amendment of regulation 21 of the Housing Benefit Regulations and regulation 13 of the Council Tax Benefit Regulations
3
In regulation 21(1A) of the Housing Benefit Regulations 1987 and in regulation 13(1A) of the Council Tax Benefit Regulations (calculation of income on a weekly basis) —
a
in sub-paragraph (a), for the sum of £70 there shall be substituted the sum of £94.50; and
b
in sub-paragraph (b), for the sum of £105 there shall be substituted the sum of £140.
Amendment of regulations 21A of the Housing Benefit Regulations and 13A of the Council Tax Benefit Regulations
4
1
In regulation 21A of the Housing Benefit Regulations and regulation 13A of the Council Tax Benefit Regulations (treatment of child care charges) after paragraph (6) there shall be inserted the following paragraph —
7
a
For the purposes of paragraph (1) a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that —
i
in the week before the period of maternity leave began she was in remunerative work;
ii
the claimant incurred relevant child care charges within the meaning of paragraph (2) in that week; and
iii
she is entitled to either statutory maternity pay under section 164 of the Contributions and Benefits Act or maternity allowance under section 35 of that Act;
b
for the purposes of sub-paragraph (a) the relevant period shall begin on the day on which the woman’s maternity leave commences and shall end on —
i
the date that leave ends;
ii
if no tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or
iii
if a tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the tax credit ends,
whichever shall occur first;
c
in this paragraph “tax credit” means either working families tax credit or a disabled person’s tax credit provided that a childcare tax credit under either regulation 46(1)(ab) of the Family Credit (General) Regulations 1987 or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations 1991 forms part of the entitlement to either of those credits.
2
In regulation 21A of the Housing Benefit Regulations (treatment of child care charges) after paragraph (7) there shall be inserted the following paragraph —
8
Where paragraph (7) applies to a woman on maternity leave any child care charges in respect of the child to whom the maternity leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 21.
.
3
In regulation 13A of the Council Tax Benefit Regulations (treatment of child care charges) after paragraph (7) there shall be inserted the following paragraph —
8
Where paragraph (7) applies to a woman on maternity leave any child care charges in respect of the child to whom the maternity leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 13.
.
Signed by Authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under Secretary of State,
Department of Social Security
10th May 2001


text:
Citation and commencement
1
This Order may be cited as the East Berkshire National Health Service Trust for People with Learning Disabilities and the West Berkshire Priority Care Service National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The East Berkshire National Health Service Trust for People with Learning Disabilities established by the East Berkshire National Health Service Trust for People with Learning Disabilities (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The West Berkshire Priority Care Service National Health Service Trust established by the West Berkshire Priority Care Service National Health Service Trust (Establishment) Order1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th February 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2001 and comes into force on 1st December 2001.
2
This Order amends the Financial Services and Markets Act 2000 (Exemption) Order 2001 .
3
In article 6, omit the words “of the Credit Unions (Northern Ireland) Order 1985 ”.
4
After paragraph 24 of the Schedule, insert —
24A
A credit union, within the meaning of the Credit Unions (Northern Ireland) Order 1985.
.
5
In paragraph 37 (Operators) of the Schedule, for sub-paragraph (1) substitute —
1
An Operator, in so far he carries on —
a
any regulated activity for the purposes of the performance of his functions as an Operator under the Uncertificated Securities Regulations 1995 ; or
b
any other regulated activity for the purposes of operating a computer-based system and procedures which —
i
enable title to investments to be evidenced and transferred without a written instrument; or
ii
facilitate matters supplementary or incidental to those specified in sub-paragraph (i),
other than a regulated activity in respect of which a recognised clearing house is exempt from the general prohibition by virtue of section 285(3) of the Act .
.
6
In paragraph 39 (insolvency practitioners) of the Schedule, at the end insert “or article 3 of the Insolvency (Northern Ireland) Order 1989 ”.
7
In paragraph 48 (social housing) of the Schedule —
a
at the end of sub-paragraph (b), insert “or any body corporate the objects of which correspond to those of such a housing association and which, pursuant to a contract with Scottish Homes, is registered in a register kept for the purpose by Scottish Homes”;
b
at the end insert —
e
the body established under article 9 of the Housing (Northern Ireland) Order 1981 known as the Northern Ireland Housing Executive.
.
8
After paragraph 48 of the Schedule, insert —
Electricity industry
49
1
NGC is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 14, 21, 25 or 53 of the Regulated Activities Order (dealing in investments as principal or agent, arranging deals in investments or advising on investments) which it carries on in the course of —
a
its participation in the Balancing and Settlement Arrangements as operator of the electricity transmission system in England and Wales under the Transmission Licence; or
b
the acquisition by it of Balancing Services in accordance with the Electricity Act 1989 and the Transmission Licence.
2
ELEXON Clear Limited is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 14, 21 or 25 of that Order which it carries on in the course of its participation in the Balancing and Settlement Arrangements as clearer for the purposes of (among other things) receiving from and paying to BSC Parties trading and reconciliation charges arising under the Balancing and Settlement Arrangements.
3
Each BSC Party is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 14, 21, 25 or 53 of that Order which it carries on in the course of —
a
its participation in the Balancing and Settlement Arrangements; or
b
the provision by it (or, in the case of an activity of the kind specified by article 21 of that Order, its principal) of Balancing Services to NGC.
4
ELEXON Limited is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 25 of that Order which it carries on in the course of its participation in the Balancing and Settlement Arrangements as administrator.
5
Each BSC Agent and each Volume Notification Agent is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 25 of that Order which it carries on in that capacity.
6
NGC, Energy Pool Funds Administration Limited and ESIS Limited are exempt from the general prohibition in respect of any regulated activity of the kind specified by article 14, 21, 25 or 53 of that Order which they carry on —
a
under, or relating to, the Pooling and Settlement Agreement or relating to transactions that calculate a price by reference to the Pooling and Settlement Agreement; or
b
under, or relating to the settlement and reconciliation of, transactions made under the Pooling and Settlement Agreement.
7
In this paragraph —
“Ancillary Services” means services which generators and suppliers of electricity and those making transfers of electricity across an Interconnector are required (as a condition of their connection to the transmission system in England and Wales), or have agreed, to make available to NGC for the purpose of securing the stability of the electricity transmission or any distribution system in England and Wales or any system linked to it by an Interconnector;
“Balancing and Settlement Arrangements” means —
the Balancing Mechanism; and
arrangements —
for the determination and allocation to BSC Parties of the quantities of electricity that have been delivered to and taken off the electricity transmission system and any distribution system in England and Wales; and
which set, and provide for the determination and financial settlement of, BSC Parties' obligations arising by reference to the quantities referred to in sub-paragraph (i), including the difference between such quantities (after taking account of accepted bids and offers in the Balancing Mechanism) and the quantities of electricity contracted for sale and purchase between BSC Parties;
“Balancing Mechanism” means the arrangements pursuant to which BSC Parties may make, and NGC may accept, offers or bids to increase or decrease the quantities of electricity to be delviered to or taken off the electricity transmission system or any distribution system in England and Wales at any time or during any period so as to assist NGC in operating and balancing the electricity transmission system, and arrangements for the settlement of financial obligations arising from the acceptance of such offers and bids;
“Balancing Services” means —
offers and bids made in the Balancing Mechanism;
Ancillary Services; and
other services available to NGC which assist it in operating the electricity transmission system in accordance with the Electricity Act 1989 and the Transmission Licence;
“BSC Agents” means the persons for the time being engaged by or on behalf of ELEXON Limited for the purpose of providing services to all BSC Parties, NGC, ELEXON Limited and ELEXON Clear Limited in connection with the operation of the Balancing and Settlement Arrangements;
“BSC Framework Agreement” means the agreement of that title in the form approved by the Secretary of State for the purpose of conditions (inserted by the Secretary of State under powers granted by section 15A of the Electricity Act 1989 ) of (among other things) the Transmission Licence, and which is dated 14th August 2000;
“BSC Parties” means those persons (other than NGC, ELEXON Limited and ELEXON Clear Limited) who have signed or acceded to (in accordance with the terms of the BSC Framework Agreement), and not withdrawn from, the BSC Framework Agreement;
“Interconnector” means the electric lines and electrical plant used for the transfer of electricity to or from the electricity transmission system and distribution systems in England and Wales into or out of England and Wales;
“NGC” means The National Grid Company plc;
“the Pooling and Settlement Agreement” means the agreement of that title date 30th March 1990 (as it has effect on the coming into force of this article) to which a person generating or supplying electricity may be required to become party by the licence granted to him under section 6 of the Electricity Act 1989;
“the Transmission Licence” means the licence to transmit electricity in England and Wales granted to NGC under section 6(1)(b) of the Electricity Act 1989; and
“Volume Notification Agents” means the persons for the time being appointed and authorised under and in accordance with the Balancing and Settlement Arrangements on behalf of BSC Parties to notify to the BSC Agent designated for that purpose pursuant to the Balancing and Settlement Arrangements quantities of electricity contracted for the sale and purchase between those BSC Parties to be taken into account for the purposes of the Balancing and Settlement Arrangements.
.
Nick Ainger
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Medical Evidence) and Statutory Maternity Pay (Medical Evidence) (Amendment) Regulations 2001 and shall come into force on 28th September 2001.
Amendment of the Social Security (Medical Evidence) Regulations 1976
2
1
The Social Security (Medical Evidence) Regulations 1976 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(3) (evidence of incapacity for work and confinement) after the words “given by a doctor or by a registered midwife” there shall be inserted the words, “not earlier than the beginning of the 20th week before the week in which she is expected to be confined,”.
3
In Part II of Schedule 2 (form of certificate) —
a
for the words “ than 14 weeks ” there shall be substituted the words “ than 20 weeks ”;
b
for the words “Family Health Service Authority” there shall be substituted the words “Health Authority”.
Amendment of the Statutory Maternity Pay (Medical Evidence) Regulations 1987
3
1
The Statutory Maternity Pay (Medical Evidence) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (evidence of pregnancy and confinement) for the words “14th week” there shall be substituted the words “20th week”.
3
In Part II of the Schedule (form of certificate) —
a
for the words “ than 14 weeks ” there shall be substituted the words “ than 20 weeks ”;
b
for the words “Family Health Service Authority” there shall be substituted the words “Health Authority”.
Alistair Darling
Secretary of State,
Department for Work and Pensions
15th August 2001
The Commissioners of Inland Revenue hereby concur.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
20th August 2001


text:
Citation and commencement
1
These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2001 and shall come into force on 27th December 2001.
Interpretation
2
1
In these Rules, “the principal Rules ” means the Greater London Authority Elections ( No. 2) Rules 2000 .
2
Expressions used both in these Rules and in the principal Rules have the same meaning in these Rules as they have in those Rules.
Amendment of the principal Rules
3
The principal Rules are amended —
a
in rule 8 (combination of polls) —
i
in paragraph (2), by the substitution for “Subject to paragraph (3), where”, of “Where”; and
ii
by the omission of paragraph (3);
b
in Schedule 1 (the Constituency Members Election Rules) , in accordance with Part I of the Schedule to these Rules;
c
in Schedule 2 (the London Members Election Rules) , in accordance with Part II of that Schedule;
d
in Schedule 3 (the Mayoral Elections Rules) , in accordance with Part III of that Schedule;
e
in Schedule 5 (Forms), in accordance with Part IV of that Schedule; and
f
in Schedule 8 (modifications to apply where poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983), by the omission of the first entry in columns (1) and (2) of the Table.
Revocation
4
In the Greater London Authority Elections (No. 2) (Amendment) Rules 2000, so much of paragraph (4) of rule 2 (amendment of Rules), as relates to the addition, to Schedule 5 (forms) of the principal Rules, of Forms 17 (election agent’s declaration as to election expenses) and 18 (list candidate’s declaration as to election expenses), is revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
26th November 2001


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001 and shall come into force on 21st December 2001.
Interpretation
2
In these Regulations —
a
the “ ATEX Directive ” means Directive 94/9/ EC of the European Parliament and the Council on the approximation of the laws of Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres ; and
b
the “ principal Regulations ” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 .
Amendment of the principal Regulations
3
1
The principal Regulations shall have effect as amended by the following provisions of this regulation.
2
In regulation 2 —
a
in paragraph (2), in the definition of “responsible person” there shall be inserted the following words —
i
after the first occurrence of the words “on the market”, “or puts that equipment, protective system or device into service”; and
ii
after the second occurrence of the words “on the market”, “or puts it into service”; and
b
after paragraph (2), the following shall be added —
3
For the purposes of these Regulations, equipment, protective systems or devices shall not be regarded as having been put into service where a person —
a
being a manufacturer of equipment, protective systems or devices for his own use; or
b
having imported equipment, protective systems or devices from a country or territory outside the Community for his own use,
puts that equipment, protective system or device into service otherwise than in the course of a business.
.
3
In regulation 3, in paragraph (2) —
a
in sub-paragraph (a), for the words “or the processing of material” there shall be substituted the words “and the processing of material, as the case may be,”; and
b
in sub-paragraph (b), for the definition of “protective systems” there shall be substituted the following —
“protective systems” means devices other than components of equipment which are intended to halt incipient explosions immediately or limit the effective range of an explosion or both, as the case may be, and which systems are separately placed on the market for use as autonomous systems;
.
4
In regulation 5, in paragraph (1), there shall be inserted the words “and put into service” after the first occurrence of the words “placed on the market”.
5
In regulation 6, in paragraph (1), there shall be inserted the words “or put into service” after the words “place on the market”.
6
In regulation 8, in sub-paragraph (b) of paragraph (2) there shall be substituted the words “written attestation” for the word “certificate”.
7
In regulation 9, there shall be substituted the words “or device shall not be regarded as being placed on the market and put into service”, for the first occurrence of the word “device”.
8
In regulation 14, in sub-paragraph (b) of paragraph (1), there shall be substituted the words “written attestation” for the word “certificate”.
9
In Schedule 2 —
a
in section 5, there shall be substituted the words “equipment, protective systems and devices” for the words “equipment and protective systems”; and
b
in section 9, there shall be substituted the words “equipment, protective systems or devices” for both occurrences of the words “equipment or protective systems”.
10
In Schedule 3 —
a
in point 1.1.3, there shall be substituted the word “mechanical” for the word “impact”;
b
in point 1.2.3, there shall be substituted —
i
the words “releases of” for the word “developing” in the second paragraph of that point; and
ii
the word “releases” for the word “escapes” in the third paragraph of that point;
c
in point 1.2.7, paragraph (d), there shall be substituted the word “do” for the word “shall”;
d
in point 1.5.1, there shall be —
i
inserted the words “or both measurement and control devices” after the words “measurement or control devices” in the first paragraph of that point; and
ii
substituted the word “The” for the words “For electrical circuits the” in the third paragraph of that point;
e
in point 2.1.1, there shall be substituted the italicised word “mists” for the italicised word “hazes”; and
f
in point 3.0.2, there shall be substituted the word “positioned” for the word “positional”.
11
In Schedule 4 , section 2, in the second sub-paragraph of paragraph (b), there shall be inserted the word “occasionally” after the word “occur”.
12
In Schedule 6 , in the second paragraph of section 5, there shall be substituted the word “significant” for the word “relevant”.
13
In Schedule 7 , in the second indent of section 4.2, there shall be substituted the word “test” for the word “text”.
14
In Schedule 8 , section 4.1 there shall be substituted the word “equivalent” for the word “equipment” the last time the word “equipment” occurs in that section.
15
In Schedule 9 —
a
in section 1, there shall be substituted -
i
the word “satisfies” for the word “satisfy”, and
ii
the word “it” for the word “them”; and
b
in section 2, the words “or protective systems” shall be omitted.
16
In Schedule 10 , section 3 —
a
in point 3.1, the words “and protective systems” shall be omitted; and
b
in point 3.2, in the first paragraph, there shall be substituted the word “instructions” for the word “instruments”.
17
In Schedule 11 , in section 1, there shall be substituted the word “satisfies” for the word “satisfy”.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
22nd November 2001.


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Wiltshire) (District of Salisbury) Order 2001 and shall come into force on 1st 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 District of Salisbury with the exception of the A303 trunk road for its whole length in the District 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
8th March 2001