text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Terrorism (United Nations Measures) (Isle of Man) Order 2001 and shall come into force on 10th October 2001.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.
3
Particulars of the decisions referred to in paragraph (2) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
4
This Order shall extend to the Isle of Man, as part of its law.
5
Articles 4, 5, 6, 7, 8, 10 and 11 shall apply to any person within the Isle of Man and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Isle of Man; or
b
is a body incorporated or constituted under the law of the Isle of Man.
Interpretation: general
2
In this Order, unless the context otherwise requires —
“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company’s manager and registered agent;
“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“relevant institution” means —
a body corporate wherever incorporated;
a partnership formed under the law of the Isle of Man;
a partnership or other unincorporated association of two or more persons formed under the law of a member State of the European Community;
a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 1992 which has lawfully established a branch in the Isle of Man for the purpose of accepting deposits or other repayable funds from the public;
a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 (an Act of Tynwald);
“the Treasury” means the Isle of Man Treasury, a department of the government of the Isle of Man.
Interpretation: terrorism
3
1
In this Order “terrorism” means the use or threat of action where the action falls within paragraph (2) below, the use or threat is designed to influence the government or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious or ideological cause.
2
Action is terrorism if it —
a
involves serious violence against a person,
b
involves serious damage to property,
c
endangers a person’s life, other than that of the person committing the action,
d
creates a serious risk to the health or safety of the public or a section of the public, or
e
is designed seriously to interfere with or seriously to disrupt an electronic system.
3
Notwithstanding paragraph (1) above, the use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not the use or threat is designed to influence the government or to intimidate the public or a section of the public.
4
For the purposes of this article —
a
“action” includes action outside the Isle of Man,
b
a reference to any person or to property is a reference to any person, or to property, wherever situated,
c
a reference to the public includes a reference to the public of a country other than that of the Isle of Man, and
d
“the government” means the government of the Isle of Man or of a country or territory other than the Isle of Man.
Collection of funds
4
1
Any person who invites another to provide funds and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
2
Any person who receives funds, and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
3
Any person who provides funds, and knows or has reasonable cause to suspect that they will or may be used for the purposes of terrorism, shall be guilty of an offence.
4
In this article a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
5
Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds or financial (or related) services available to, or for the benefit of —
a
persons who commit, attempt to commit, facilitate or participate in the commission of terrorism,
b
persons controlled or owned by persons referred to in paragraph (a) above, or
c
persons acting on behalf of, or on the direction of, persons referred to in paragraph (a) above,
shall be guilty of an offence.
Freezing of funds on suspicion
6
1
Where the Treasury have reasonable grounds for suspecting that the person by, for, or on behalf of whom any funds are held is or may be —
a
a person who commits, attempts to commit, participates in, or facilitates the commission of terrorism,
b
a person controlled or owned directly or indirectly by a person referred to in sub-paragraph (a) above,
c
a person acting on behalf of, or at the direction of a person referred to in sub-paragraph (a) above,
the Treasury may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Treasury under this article.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect, or
b
that the direction is to have effect until it is revoked by notice under paragraph (3) below.
3
The Treasury may by notice revoke a direction under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 5 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Any person whose funds are the subject of a direction made under paragraph (1) above, may apply for the direction to be reviewed in the same manner as the review of a direction under the Banking Act 1989 (an Act of Tynwald), and section 24 of that Act and any regulations under that section shall apply to a review under this Order as they apply in respect of a review under that section.
8
Any person who contravenes a direction under paragraph (1) above shall be guilty of an offence.
9
A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) shall be guilty of an offence.
Facilitation of activities prohibited under articles 4, 5 and 6(8)
7
Any person who intentionally engages in any activities knowing that the object or effect of those activities is to enable or facilitate the commission (by that person or another) of an offence under articles 5 or 6(8) shall be guilty of an offence.
Offences in connection with licences
8
1
Any person who, for the purposes of obtaining a licence under article 5 or 6, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the Treasury under this Order and who fails to comply with the conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence.
Failure to disclose knowledge or suspicion of offences
9
1
A relevant institution is guilty of an offence under this Order if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a person who commits, attempts to commit, participates in or facilitates terrorism;
ii
is a person controlled or owned directly or indirectly by a person referred to in paragraph (i);
iii
is a person acting on behalf of, or at the direction of, a person referred to in paragraph (i) above; or
iv
has committed an offence under articles 4, 5, 6(8) or 8; and
b
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is a person covered by paragraph (1)(a) above, or a person who has committed an offence under article 5, 6(8) or 8, or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
10
1
Without prejudice to any other provision of this Order or any provision of any other law, the Treasury may request any person to furnish to them any information in his possession or control, or to produce to them any document in his possession or control, which they may require for the purpose of securing compliance with or detecting evasion of this Order or any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, or any of the Channel Islands or any territory listed in the Schedule to this Order; and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.
2
Nothing in the foregoing sub-paragraph shall be taken to require any person who has acted as advocate for any person to furnish or produce any privileged information or document in his possession in that capacity.
3
Where a person is convicted of failing to furnish information or produce a document when requested to do so under this article the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
4
The power conferred by this article to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
5
The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
6
Any person who —
a
without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this article by any person who is empowered to make it; or
b
furnishes any information or produces any document which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; or
c
otherwise wilfully obstructs any person in the exercise of his powers under this article; or
d
with intent to evade the provisions of this article, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence.
Disclosure of information
11
1
No information furnished or document produced (including any copy of an extract made of any document produced) by a person in pursuance of a request made under this Order shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person empowered under this Order to request that it be furnished or produced; or
c
to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey, the States of Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the government of any territory listed in the Schedule to this Order;
d
on the authority of the Treasury, to any organ of the United Nations or to any person in the service of the United Nations or to the government of any other country for the purpose of assisting the United Nations or that government in securing compliance with or detecting evasion of measures in relation to terrorism decided upon by the Security Council of the United Nations; or
e
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Isle of Man, for an offence under this Order; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey, or any territory listed in the Schedule to this Order.
2
Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) above shall be guilty of an offence.
Penalties and proceedings
12
1
Any person guilty of an offence under article 4, 5, 6(8), 7 or 8(2) shall be liable —
a
on conviction on information to custody for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under article 8(1), 10(6)(b) or (d) or 11(2) shall be liable —
a
on conviction on information to custody for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum.
3
Any person guilty of an offence under article 6(9), 9 or 10(6)(a) or (c) shall be liable on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction may be heard if it is made at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
6
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (5) above came to his knowledge shall be conclusive evidence of that fact;
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved; and
c
section 27(2) of the Police Powers and Procedure Act 1998 (an Act of Tynwald) shall apply to offences under this Order which are not arrestable offences by virtue of the term of custody for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
7
No proceedings for an offence under this Order, other than a summary offence, shall be instituted except by or with the consent of the Attorney General for the Isle of Man:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Functions of the Treasury
13
The Treasury may, to such extent and subject to such restrictions and conditions as they may think proper, delegate or authorise the delegation of any of their powers under this Order to any person, or class or description of persons, approved by them and references in this Order to the Treasury shall be construed accordingly.
Licences
14
1
A licence granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, and may be limited so as to expire on a specified date unless renewed.
2
A special licence may be varied or revoked at any time by written notice given by the Treasury to each recipient of the licence.
3
The Treasury shall publish a general licence in such manner as they think fit. A general licence may have varied or revoked at any time by written notice, which shall be published by the Treasury in the same manner as the licence.
4
A notice under paragraph (2) above may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
A K Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulation of Investigatory Powers (Technical Advisory Board) Order 2001 and shall come into force on the day after the day on which it is made.
2
In this Order, “the 2000 Act ” means the Regulation of Investigatory Powers Act 2000.
Membership of the Board
2
1
The Technical Advisory Board established by section 13(1) of the 2000 Act shall consist of 13 persons.
2
Of that number one person, who does not fall within paragraph (3), shall be appointed chairman.
3
Of the remaining number —
a
six shall be persons holding an office, rank or position with either —
i
a person on whom obligations may be imposed under section 12 of the 2000 Act, or
ii
a body representing the interests of such persons, and
b
six shall be persons holding an office, rank or position with either —
i
a person by or on whose behalf applications for interception warrants may be made, or
ii
a body representing the interests of such persons.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
21st November 2001


text:
1
This Order may be cited as the Designs (Convention Countries) (Amendment) Order 2001 and shall come into force on 11th July 2001.
2
The countries specified in the Schedule to this Order are convention countries for the purposes of all of the provisions of the Registered Designs Act 1949.
3
The Designs (Convention Countries) Order 1994 shall be amended by the insertion in Schedule 1 thereto of the countries specified in the Schedule to this Order in proper alphabetical order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Conversion of Retirement Benefits Schemes) Regulations 2001 and shall come into force on 6th April 2001.
Interpretation
2
1
In these Regulations —
“administrator” —
in relation to a retirement benefits scheme, has the meaning given by section 611AA and, in relation to a scheme which secures relevant benefits falling within section 591(2A) by means of an annuity contract, includes the insurance company with which the contract is made; and
in relation to a personal pension scheme, means the person referred to in section 638(1);
“the Board” means the Commissioners of Inland Revenue;
“continuing member” means a person who —
is a member of the eligible scheme which is the subject of the application under paragraph 3 of Schedule 23ZA; and
is to remain a member of the scheme if it becomes a personal pension scheme;
“controlling director” means a person who is, or was within the 10 years immediately preceding the date of the application under paragraph 3 of Schedule 23ZA, in relation to a relevant employer —
a director (as defined in section 612(1)); and
within paragraph (b) of section 417(5);
“conversion assets value” means the sum which has been calculated, within the period of three months ending with the date of the application under paragraph 3 of Schedule 23ZA, as representing a member’s benefits under the retirement benefits scheme which is the subject of that application;
“conversion payment” means the amount to be held subject to a personal pension scheme representing an individual member’s benefits at the date of change;
“date of change” has the meaning given in paragraph 3(2) of Schedule 23ZA;
“eligible scheme” means a retirement benefits scheme to which Schedule 23ZA applies ;
“Part XIV” means Part XIV of the Taxes Act (pension schemes etc. );
“permitted amount” has the meaning given by regulation 7(4);
“personal pension scheme” has the meaning given in section 630 ;
“prescribed member” means a person who falls within one or more of the classes prescribed by regulation 6;
“qualifying scheme” means a retirement benefits scheme which, if the conditions prescribed under paragraph 2(3)(d) of Schedule 23ZA were met, would be an eligible scheme;
“relevant employer” means an employer by reference to employment with whom a continuing member is entitled to benefits under the eligible scheme;
“relevant year” means the year of assessment in which the application for approval as a personal pension scheme is made;
“retirement benefits scheme” has the meaning given in section 611 ; and
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
In these Regulations, except where the context otherwise requires —
a
a reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation;
c
a reference in a paragraph to a lettered sub-paragraph is a reference to the sub-paragraph bearing that letter in that paragraph; and
d
a reference to a numbered section or Schedule is a reference to the section of, or Schedule to, the Taxes Act bearing that number.
Application to convert eligible scheme to personal pension scheme
3
1
The trustees of a qualifying scheme may apply to the Board for approval of the scheme as a personal pension scheme if the conditions prescribed in paragraphs (2) and (3) are satisfied.
2
The first condition is that regulation 7 (valuation of prescribed member’s benefits) has been complied with in respect of each prescribed member of the scheme.
3
The second condition is that the value of the fund of a prescribed member, who is to be a continuing member of the scheme, does not exceed the permitted amount.
Documents to accompany application
4
1
An application for approval under paragraph 3 of Schedule 23ZA must —
a
state the date from which the trustees propose the approval should have effect; and
b
be accompanied by the statements specified in paragraph (2) and the documents specified in paragraph (3).
2
The statements, which must be signed by or on behalf of the trustees, are —
a
a statement that assets have been identified in respect of each continuing member’s entitlement under the proposed personal pension scheme;
b
a statement showing how the assets referred to in sub-paragraph (a) were identified; and
c
a statement showing for each individual whom the trustees propose should be a continuing member, if approval is given, whether the whole of each asset so identified has been appropriated to that individual’s personal pension fund and, if not, what part of the asset has been so appropriated.
3
The documents are —
a
a copy of the rules and other scheme instruments which the trustees propose should apply to the personal pension scheme if approval is given;
b
the written consent, to the making of the application, of each relevant employer; and
c
documents showing how the requirements of regulations 7 and 8 were satisfied.
Board’s discretion to refuse approval: prescribed descriptions of retirement benefits scheme
5
1
The descriptions of eligible scheme which are prescribed in respect of the Board’s discretion to refuse approval under Schedule 23ZA are all descriptions of eligible scheme other than a simplified defined contribution scheme.
2
In this regulation “simplified defined contribution scheme” has the meaning given by regulation 2 of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 .
Board’s discretion to refuse approval: prescribed classes of individual member
6
1
The classes of individual member of an eligible scheme which are prescribed for the purposes of paragraph 4(1) of Schedule 23ZA are —
a
in the case of a scheme of which a controlling director is to be a continuing member, the classes mentioned in paragraph (2); and
b
in any other case, the class mentioned in paragraph (3).
2
The classes referred to in paragraph (1)(a) are those comprising —
a
controlling directors;
b
persons who are connected with a person falling within sub-paragraph (a); and
c
members of the scheme —
i
whose age at the proposed date of change will be not less than 45 years; and
ii
whose remuneration derived from their employment with the relevant employer is, or was, for any year of assessment falling (wholly or partly) during the period of six years prior to the date on which the application is made, more than the permitted maximum for the year of assessment in which the application is made.
3
The class referred to in paragraph (1)(b) is that comprising members of the scheme —
a
whose age at the proposed date of change will be not less than 45 years; and
b
whose remuneration derived from employment with the relevant employer is, or was, for any year of assessment falling (wholly or partly) during the period of six years prior to the date on which the application is made, more than the permitted maximum for the year of assessment in which the application is made.
4
For the purposes of paragraph (2) a person is connected with another if he is —
a
that person’s husband or wife;
b
that person’s brother, sister, parent or remoter forebear, child or remoter lineal descendant;
c
the husband or wife of a brother, sister, parent or remoter forebear, child or remoter lineal descendant of that person; or
d
a brother, sister, parent or remoter forebear, child or remoter lineal descendant of that person’s husband or wife.
5
In this regulation —
“permitted maximum” has the meaning given in section 590C(2) ; and
“remuneration” has the meaning given in section 612(1).
Valuation of prescribed member’s benefits
7
1
Before making an application for approval as a personal pension scheme, the trustees of a qualifying scheme shall ascertain whether the conversion assets value, in respect of any prescribed member to whom they intend the proposed personal pension scheme to apply, exceeds the permitted amount.
2
The conversion assets value must be calculated in accordance with normal actuarial practice.
3
If the conversion assets value in respect of a prescribed member exceeds the permitted amount, regulation 8 applies to that member.
4
In these Regulations “the permitted amount” means the maximum amount as described in regulation 8(3) of the Personal Pension Schemes (Transfer Payments) Regulations 2001 .
Prescribed members whose conversion assets value exceeds permitted amount
8
1
If —
a
this regulation applies to a prescribed member; and
b
the Board have exercised their discretion under section 611(3) to treat the eligible scheme as two (or more) separate schemes;
the restriction in paragraph (2) applies to the prescribed member.
2
The restriction is that the prescribed member may not become a member of the resultant personal pension scheme at the date of change, unless, before that date, the value of the prescribed member’s fund, calculated in accordance with normal actuarial practice, is shown to be less than or equal to the permitted amount.
Restriction on discretion to approve: conversion of qualifying scheme
9
1
The Board shall not approve a qualifying scheme as a personal pension scheme unless the proposed personal pension scheme complies with the restrictions imposed by regulations 10 and 11 in the case of an individual to whom paragraph (2) applies.
2
This paragraph applies to an individual who is a controlling director and whom the trustees of the scheme which is the subject of the application under Schedule 23ZA intend should be a continuing member.
Restriction on discretion to approve: controlling directors' death benefits
10
1
The restriction imposed by this regulation is that the accumulated value must be applied, after the death of a controlling director, in accordance with paragraph (3) or (4).
2
In this regulation “the accumulated value” means the total of —
a
the conversion payment; and
b
any sum attributable to growth through investment of the conversion payment.
3
If the controlling director has died before any benefits have been paid to him under the arrangements represented by the accumulated value, the accumulated value must be applied —
a
wholly to secure the payment of an annuity which satisfies the conditions in section 636 (annuity after death of member) ;
b
to secure the payment of income withdrawals with respect to which the conditions in section 636A (income withdrawals after death of member) are satisfied and, as to any amount not used for that purpose, to secure the payment of such an annuity as is referred to in sub-paragraph (a); or
c
as to not more than 25 per cent., to secure the payment of a lump sum and, as to the balance, to secure the payment of such an annuity as is referred to in sub-paragraph (a) or of such income withdrawals and annuity as are referred to in sub-paragraph (b).
This paragraph is subject to the qualification in paragraph (4).
4
If the administrator of a personal pension scheme is satisfied, having taking all reasonable steps —
a
that there is no surviving spouse to whom an annuity referred to in paragraph (3)(a), or income withdrawals referred to in paragraph (3)(b), can be paid; and
b
if the arrangement so requires, that there is no dependant to whom such an annuity or income withdrawals can be paid;
the whole of the accumulated value may be applied to secure the payment of a lump sum.
Restrictions on discretion to approve: lump sum benefits to controlling directors under proposed personal pension scheme
11
1
The restrictions imposed by this regulation are those specified in paragraphs (2) and (3).
2
The restriction specified in this paragraph is that no amount may be paid to a controlling director by way of a lump sum on his pension date (as defined in section 630(1)) out of the conversion payment unless, within six months beginning with the date of change, the administrator of the retirement benefits scheme which is the subject of the application under Schedule 23ZA has given such a lump sum certificate as would be required under the rules of the retirement benefits scheme if it were making a transfer payment to a personal pension scheme.
3
The restriction specified in this paragraph is that the amount that may be paid by way of lump sum as mentioned in paragraph (2) shall not exceed the sum found by the formula in paragraph (4).
4
The formula referred to in paragraph (3) is —
B × EF
Here —
B is the amount shown in the certificate mentioned in paragraph (2); and
EF is the greater of 1 and the fraction in paragraph (5).
5
The fraction referred to in paragraph (4) is —
R1 R2
Here —
R1 is the value of the retail prices index for the last month for which that index had been published at the date when the lump sum referred to in paragraph (2) was calculated; and
R2 is the value of that index for the last month for which that index had been published at the time of the approval by the Board of the application under Schedule 23ZA.
6
The references in paragraph (5) to the retail prices index shall be construed in accordance with section 833(2) as if that paragraph were contained in the Income Tax Acts.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
23rd January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Rossendale (Electoral Changes) Order 2001.
2
This article and articles 2, 3 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Whitworth 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 Rossendale;
“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 Rossendale (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 Rossendale
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Rossendale
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
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Whitworth
4
1
The existing wards of the parish of Whitworth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Facit and Shawforth, and Healey and Whitworth; and each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be six.
Revocation
5
The Borough of Rossendale (Electoral Arrangements) Order 1976 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


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (European School) Order 2001 and shall come into force on the day after the day on which it was made.
2
The Treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment No. 2) Order 2001 and comes into force on 1st December 2001.
Exemption for communications by journalists
2
For article 20 (communications by journalists) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 substitute —
Communications by journalists
20
1
Subject to paragraph (2), the financial promotion restriction does not apply to any non-real time communication if —
a
the content of the communication is devised by a person acting in the capacity of a journalist;
b
the communication is contained in a qualifying publication; and
c
in the case of a communication requiring disclosure, one of the conditions in paragraph (2) is met.
2
The conditions in this paragraph are that —
a
the communication is accompanied by an indication explaining the nature of the author’s financial interest or that of a member of his family (as the case may be);
b
the authors are subject to proper systems and procedures which prevent the publication of communications requiring disclosure without the explanation referred to in sub-paragraph (a); or
c
the qualifying publication in which the communication appears falls within the remit of —
i
the Code of Practice issued by the Press Complaints Commission;
ii
the Programme Code of the Radio Authority; or
iii
the Producers' Guidelines issued by the British Broadcasting Corporation.
3
For the purposes of this article, a communication requires disclosure if —
a
an author of the communication or a member of his family is likely to obtain a financial benefit or avoid a financial loss if people act in accordance with the invitation or inducement contained in the communication;
b
the communication relates to a controlled investment of a kind falling within paragraph (4); and
c
the communication identifies directly a person who issues or provides the controlled investment to which the communication relates.
4
A controlled investment falls within this paragraph if it is —
a
an investment falling within paragraph 14 of Schedule 1 to this Order (shares or stock in share capital);
b
an investment falling within paragraph 21 of that Schedule (options) to acquire or dispose of an investment falling within sub-paragraph (a);
c
an investment falling within paragraph 22 of that Schedule (futures) being rights under a contract for the sale of an investment falling within sub-paragraph (a); or
d
an investment falling within paragraph 23 of that Schedule (contracts for differences) being rights under a contract relating to, or to fluctuations in, the value or price of an investment falling within sub-paragraph (a).
5
For the purposes of this article —
a
the authors of the communication are the person who devises the content of the communication and the person who is responsible for deciding to include the communication in the qualifying publication;
b
a “qualifying publication” is a publication or service of the kind mentioned in paragraph (1) or (2) of article 54 of the Regulated Activities Order and which is of the nature described in that article, and for the purposes of this article, a certificate given under article 54(3) of the Regulated Activities Order and not revoked is conclusive evidence of the matters certified;
c
the members of a person’s family are his spouse and any children of his under the age of 18 years.
.
Promotion broadcast by company director etc.
3
After article 20 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 insert —
Promotion broadcast by company director etc.
20A
1
The financial promotion restriction does not apply to a communication which is communicated as part of a qualifying service by a person (“D”) who is a director or employee of an undertaking (“U”) where —
a
the communication invites or induces the recipient to acquire —
i
a controlled investment of a kind falling within article 20(4) which is issued by U (or by an undertaking in the same group as U); or
ii
a controlled investment issued or provided by an authorised person in the same group as U;
b
the communication —
i
comprises words which are spoken by D and not broadcast, transmitted or displayed in writing; or
ii
is displayed in writing only because it forms part of an interactive dialogue to which D is a party and in the course of which D is expected to respond immediately to questions put by a recipient of the communication;
c
the communication is not part of an organised marketing campaign; and
d
the communication is accompanied by an indication that D is a director or employee (as the case may be) of U.
2
For the purposes of this article, a “qualifying service” is a service —
a
which is broadcast or transmitted in the form of television or radio programmes; or
b
displayed on a web site (or similar system for the electronic display of information) comprising regularly updated news and information,
provided that the principal purpose of the service, taken as a whole and including any advertisements and other promotional material contained in it, is neither of the purposes described in article 54(1)(a) or (b) of the Regulated Activities Order.
3
For the purposes of paragraph (2), a certificate given under article 54(3) of the Regulated Activities Order and not revoked is conclusive evidence of the matters certified.
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2001


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (England) (Amendment) Order 2001, shall extend to England, and shall come into force on 1st August 2001.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with paragraphs (2) to (16) below.
2
In article 2(1):
a
for the definition of “Directive 77/93/ EEC ” there shall be substituted the following text:
“Directive 2000/29/ EC ” means Council Directive 2000/29/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directive 2001/33/EC amending certain annexes to Council Directive 2000/29/EC ; and
b
in the definition of “protected zone”, at paragraph (a) for “Directive 77/93/EEC ” there shall be substituted “Directive 2000/29/EC ”; and in the words following paragraph (b) for “Article 16a of Directive 77/99/EEC ” there shall be substituted “Article 18 of Directive 2000/29/EC ”.
3
In article 30, for “Directive 77/93/EEC ” there shall be substituted “Directive 2000/29/EC ”.
4
In Schedule 1, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development):
a
at item 1, in the second column, “DK” shall be deleted; and
b
at item 2, for the text in the second column there shall be substituted the following text:
Spain (Ibiza and Menorca), Ireland, Portugal (Azores and Madeira), Finland (districts of Åland, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), Sweden (counties of Blekinge, Gotlands, Halland, Kalmar and Skåne), United Kingdom
.
5
In Schedule 1, Part B(d) (Virus and Virus-like Organisms), at item 2, in the second column, “DK” shall be deleted.
6
In Schedule 2, Part B(a) (Insects, Mites and Nematodes, at All Stages of Their Development):
a
at item 5, in the third column, for “EL, P” there shall be substituted the following text:
EL, P (Azores; district of Beja: all concelhos; district of Castelo Branco: concelhos de Castelo Branco, Fundão and Penamacôr, Idanha-a-Nova; district of Évora with the exception of concelhos de Montemor-o-Novo, Mora and Vendas Novas; district of Faro: all concelhos; district of Portalegre: concelhos de Arronches, Campo Maior, Elvas, Fronteira, Monforte and Sousel)
; and
b
item 8 shall be deleted.
7
In Schedule 2, Part B(b) (Bacteria) at item 2, for the text in the third column there shall be substituted the following text:
E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland, Carinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
8
In Schedule 3, Part B (Plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones) at item 1, for the text in the second column there shall be substituted the following text:
E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland, Carinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
9
In Schedule 4, Part A, Section 1 for “Directive 77/93/EEC ” there shall be substituted in the text in the right hand column the words “Directive 2000/29/EC ” in the following places:
a
at item 16.2, paragraphs (b) and (c);
b
at item 16.3, paragraph (b); and
c
at item 16.3a, paragraph (b).
10
In Schedule 4, Part A, Section 1, item 25.4, for “Article 16a of Council Directive 77/93/EEC ” in the text in the right hand column there shall be substituted the words “Article 18 of Directive 2000/29/EC ”.
11
In Schedule 4, Part B (Special requirements which shall be laid down for the introduction and movement of plants, plant products and other objects into and within certain protected zones):
a
item 13 shall be deleted;
b
at item 19 for the text in the third column there shall be substituted the following text:
EL, P (Azores; district of Beja: all concelhos; district of Castelo Branco: concelhos de Castelo Branco, Fundão and Penamacôr, Idanha-a-Nova; district of Évora with the exception of concelhos de Montemor-o-Novo, Mora and Vendas Novas; district of Faro: all concelhos; district of Portalegre: concelhos de Arronches, Campo Maior, Elvas, Fronteira, Monforte and Sousel)
; and
c
at item 21, for the text in the third column there shall be substituted the following text:
E, F (Corsica), IRL, I (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), A (Burgenland, Carinthia, Lower Austria, East Tyrol, Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
; and
d
at item 24, in the third column, “DK” shall be deleted.
12
Schedule 8(a) (Insects, Mites and Nematodes, at All Stages of Their Development) shall be amended as follows —
a
at item 2, in the second column, “Denmark” shall be deleted;
b
at item 6, for the text in the second column there shall be substituted the following text:
Greece, Portugal (Azores; district of Beja: all concelhos; district of Castelo Branco: concelhos de Castelo Branco, Fund — o and Penamacôr, Idanha-a-Nova; district of Évora with the exception of concelhos de Montemor-o-Novo, Mora and Vendas Novas; district of Faro: all concelhos; district of Portalegre: concelhos de Arronches, Campo Maior, Elvas, Fronteira, Monforte and Sousel)
;
c
at item 12, the text in the second column shall be deleted and replaced by the following text:
Spain (Ibiza and Menorca), Ireland, Portugal (Azores and Madeira), Finland (districts of Åland, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa), Sweden (counties of Blekinge, Gotlands, Halland, Kalmar and Skåne), United Kingdom
; and
d
item 14 shall be deleted.
13
In Schedule 8(b) (Bacteria), at item 2 for the text in the second column there shall be substituted the following text:
Spain, France (Corsica), Ireland, Italy (Abruzzi; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Apulia; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto), Austria (Burgenland, Carinthia, Lower Austria, East Tyrol, Styria, Vienna), Portugal, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)
.
14
In Schedule 8(d) (Viruses and Virus-like Organisms), at item 2 in the second column, “Denmark” shall be deleted.
15
In Schedule 13, paragraph 9(1)(a), for “Council Directive 77/93/EEC ” there shall be substituted the words “Council Directive 2000/29/EC ”.
16
Schedule 16 (Instruments Amending and Supplementing Council Directive 77/93/EEC ) shall be deleted.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
26th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royston, Buntingford and Bishop’s Stortford Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Royston, Buntingford and Bishop’s Stortford Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Royston, Buntingford and Bishop’s Stortford Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 4 officer members and 4 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
1 person appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East and North Hertfordshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East and North Hertfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The East and North Hertfordshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Essex and Hertfordshire Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
6
The Princess Alexandra Hospital National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001