text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) (No. 2) Order 2002 and shall come into force on 5th November 2002.
Interpretation
2
In this Order —
a
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“origin” means in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“other susceptible plant material” means plants of:
Arbutus menziesii Pursh.
Arctostaphylos spp. Adans
Heteromeles arbutifolia (Lindley) M. Roemer
Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray
Rhamnus californica Esch.
Rhododendron spp. L., other than Rhododendron simsii Planch.
Umbellularia californica (Hook & Arn) Nutt.
Vaccinium ovatum Pursh.
Viburnum spp. L.
“ Phytophthora ramorum ” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 1993 ;
“susceptible bark” means isolated bark of Acer macrophyllum Pursh., Aesculus californica Nutt., Lithocarpus densiflorus (H & A) and Quercus suber ;
“susceptible material” means susceptible bark, susceptible trees and susceptible wood;
“susceptible tree” means a tree described in the first column of the Schedule, but excludes the fruit or seed of such a tree;
“susceptible wood” means the wood described in the first column of the Schedule; and
the following words have the meaning given them in the principal Order —
Customs Act
forestry trader
Great Britain
growing medium
isolated bark
land, landed and landing
phytosanitary certificate
plant passport
reforwarding phytosanitary certificate
seed
soil
third country
tree
tree in tissue culture
wood.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Great Britain
3
Subject to article 10, no person shall —
a
introduce Phytophthora ramorum into Great Britain; or
b
spread Phytophthora ramorum within Great Britain.
Landing susceptible material originating in the United States of America
4
1
Subject to article 6, no person shall land in Great Britain a susceptible tree originating in the United States of America (“ USA ”) unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule, or a certified copy in the case of material for which a reforwarding certificate has also been issued.
2
Subject to article 6, no person shall land in Great Britain susceptible wood originating in the USA unless it is accompanied by a phytosanitary certificate issued in accordance with the relevant requirements of the Schedule.
3
No person shall land in Great Britain any susceptible tree or susceptible wood originating in the USA unless he has notified an inspector in writing of his intention to land that relevant material and of the proposed point of entry and means of its introduction at least three days before the intended date of landing.
4
No person shall land in Great Britain susceptible bark originating in the USA.
Movement of susceptible trees
5
Subject to article 6 below, in respect of a susceptible tree originating in the USA which has been landed in Great Britain, no person shall move that susceptible tree from the premises to which it was consigned —
a
to another member State;
b
to another part of the United Kingdom;
c
to the Isle of Man or the Channel Islands; or
d
within Great Britain
unless it is accompanied by a plant passport.
Exemptions from the requirements of articles 4 and 5
6
The requirements of article 4(1) to (3) and article 5 shall not apply to susceptible trees or susceptible wood originating in the USA which is despatched to the European Community from the USA before 5th November 2002.
Plant passports
7
1
The provisions of article 18 and Schedule 8 of the principal Order shall apply in respect of a plant passport required under article 5 of this Order.
2
A forestry trader:
a
who holds the authority of the Commissioners to issue plant passports pursuant to article 17 of the principal Order may issue a plant passport required under this Order; or
b
who does not hold the authority referred to in sub-paragraph (a) may apply to the Commissioners for such authority as if —
i
he were applying under article 17 of the principal Order; and
ii
Phytophthora ramorum were a relevant organism within the meaning of the principal Order.
3
A forestry trader seeking authority to issue plant passports pursuant to paragraph 2(b) who is not listed in the register of forestry traders pursuant to articles 14 to 16 of the principal Order shall apply to the Commissioners for listing in the register as if applying under the principal Order, and the Commissioners shall treat the application as if the controls in this Order were controls of the principal Order.
Phytosanitary certificates
8
The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply to any phytosanitary certificate required under this Order in respect of any susceptible material as if that material were the “relevant material” referred to in article 12 of the principal Order.
Phytosanitary certificates or plant passports issued outside of Great Britain
9
Any phytosanitary certificate or plant passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, member State or another part of the United Kingdom, the Channel Islands or Isle of Man shall be deemed to have been issued in accordance with the relevant requirements of the Schedule.
Licences for scientific or research purposes
10
The provisions of article 28A of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a tree pest which, but for a licence granted under the principal Order, would be prohibited.
Powers of an inspector
11
An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence granted under article 10, exercise the powers conferred by article 24 of the principal Order (subject to article 27 of that Order) as if checking compliance with the principal Order.
Offences
12
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with articles 3(b) and 5.
2
A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he:
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
3
A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.
4
A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material not the material for which the plant passport was issued.
5
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation and saving
13
1
Subject to paragraph 2 below, the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) Order 2002 (“the first Phytophthora ramorum Order”) is revoked.
2
Article 3 of the first Phytophthora ramorum Order shall apply in respect of susceptible material (as defined in article 2 of and in the Schedule to the first Phytophthora ramorum Order) which is despatched from the USA before 5th November 2002 and which enters Great Britain on or after 5th November 2002.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 15th October 2002.
Frank Strang
Secretary to the Forestry Commissioners


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 2002 and shall come into force for the purposes of articles 3 and 4 on 25th March 2002 and for all other purposes on 1st March 2002.
Interpretation
2
In this Order —
a
“the 1999 Fees Order ” means the Supreme Court Fees Order 1999 ;
b
a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the 1999 Fees Order.
Amendments to the 1999 Fees Order
3
In column 1 in fee 3.2, for the words “to question a judgment debtor or other person on oath in connection with enforcement of a judgment” there shall be substituted the words “for an order requiring a judgment debtor or other person to attend court to provide information in connection with enforcement of a judgment or order”.
4
In column 1 in fee 3.3, for the words “garnishee order nisi or a charging order nisi” there shall be substituted the words “third party debt order or a charging order”.
5
In column 1 in fee 3.5, after the words “arbitration award, or for a” there shall be inserted the words “certificate or a”.
Irvine of Lairg, C.
Dated 30th January 2002
We concur,
Harry Woolf, C.J.,
Nicholas Phillips, M.R.,
Elizabeth Butler-Sloss, P.,
Andrew Morritt, V-C.
Dated 31st January 2002
We concur,
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 6th February 2002


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 2002 and shall, subject to article 2(2), come into force on 8th April 2002 (“the commencement date”).
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme and application
2
1
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
2
Paragraphs 2, 3 and 6(c) of Schedule 1 to this Scheme (which amend articles 18, 19 and 31 of the principal Scheme) shall apply for the purposes of claims or reviews made on or after 1st August 2002.
Signed by authority of the Secretary of State for Defence
Lewis Moonie
Parliamentary Under-Secretary of State Ministry of Defence
8th March 2002
We approve
Nick Ainger
Tony McNulty
Two of the Lord’s Commissioners of Her Majesty’s Treasury
11th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (No. 2) (England and Wales) Regulations 2002 and shall come into force on 1st August 2002 immediately after the coming into force of the Education (Student Loans) (Amendment) (England and Wales) Regulations 2002 .
2
These Regulations do not apply in or as regards Scotland .
Amendment of Regulations
2
The Education (Student Loans) Regulations 1998 shall be amended as follows.
3
In regulation 6(1)(a), 6(2)(a) and 6(4) for the figure of £1,070 there shall be substituted the figure of £1,075.
Margaret Hodge
Minister of State,
Department for Education and Skills
27th May 2002


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 2002 and shall come into force on 2nd May 2002.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
11th April 2002


text:
Citation and commencement
1
This Order may be cited as the Deregulation (Disposals of Dwelling-houses by Local Authorities) Order 2002 and shall come into force on the day after that on which it is made.
Amendment of section 135 of the Leasehold Reform, Housing and Urban Development Act 1993
2
1
In the Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act ”) section 135 (programme for disposals) is amended as follows.
2
After subsection (2) there is inserted —
2A
The Secretary of State may prepare a disposals programme for any financial year.
3
In subsections (3) the words “in any financial year” and “for that year” are omitted.
4
After that subsection there is inserted —
3A
Where the Secretary of State has included a disposal in a disposals programme for a financial year, a local authority may make a qualifying disposal under that programme in that or the following financial year.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Falconer
Minister of State,
Department of Transport, Local Government and the Regions
15th February 2002
Paul Murphy
Secretary of State for Wales
19th February 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Worcestershire) (City of Worcester) Order 2002 and shall come into force on 3rd February 2003.
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 5 of this Order.
Application
3
This Order applies to —
a
the whole of the City of Worcester,
b
the A4440 road for the whole of its length within the Districts of Wychavon and Malvern Hills; and
c
those parts of the Districts of Wychavon and Malvern Hills lying between the A4440 road and the boundary of the City of Worcester.
4
This Order does not apply to —
a
the M5 motorway, together with all its on and off slip roads, for the whole of its length in the area to which this Order applies; and
b
that part of the A449 road known as the Northern Link Road for the whole of its length in the area to which this Order applies.
Designation of permitted parking area and special parking area
5
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
6
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
7
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 for Transport
John Spellar
Minister of State,
Department for Transport
21st December 2002


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2002 and shall come into force —
a
for the purposes of this regulation and regulation 4, on 14th October 2002; and
b
for the purposes of regulations 2 and 3, on 28th October 2002.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply to England only .
Amendment of regulation 16 of the principal Regulations
2
After paragraph (4) of regulation 16 of the principal Regulations (capital treated as income) there shall be added the following paragraph —
5
Where an agreement or court order provides that payments shall be made to the resident in consequence of any personal injury to the resident and that such payments are to be made, wholly or partly, by way of periodical payments, any such periodical payments received by the resident, to the extent that they are not a payment of income, shall be treated as income.
Amendment of Schedule 3 to the principal Regulations
3
1
In paragraph 10 of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraph (1), for the words “(charitable or voluntary payments) of any charitable payment or of any voluntary payment” there shall be substituted the words “(relevant payments) of any relevant payment”;
b
in sub-paragraph (2), for the words “charitable payment or voluntary payment” there shall be substituted the words “relevant payment”;
c
after sub-paragraph (2), there shall be added the following sub-paragraph —
3
In this paragraph, “relevant payment” means —
a
a charitable payment;
b
a voluntary payment;
c
a payment (not falling within sub-paragraph (a) or (b)) from a trust whose funds are derived from a payment made in consequence of any personal injury to the resident;
d
a payment under an annuity purchased —
i
pursuant to any agreement or court order to make payments to the resident; or
ii
from funds derived from a payment made,
in consequence of any personal injury to the resident; or
e
a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the resident in consequence of any personal injury to the resident.
.
2
In paragraph 30 of Schedule 3 to the principal Regulations —
a
for the words “charitable or voluntary payments” there shall be substituted the words “relevant payments”; and
b
at the end there shall be added the following sub-paragraph —
2
In this paragraph “relevant payment” has the same meaning as in paragraph 10(3).
Amendment of Schedule 4 to the principal Regulations
4
In paragraph 6 of Schedule 4 to the principal Regulations (capital to be disregarded) —
a
after the words “(arrears of specified payments)” there shall be inserted the words “as in force immediately before the 14th October 2002”; and
b
for “, 9 or 9A” there shall be substituted “or 9”.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
8th October 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Milton Keynes (Electoral Changes) (Amendment) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
In article 1(4)(b) of the Borough of Milton Keynes (Electoral Changes) Order 2001 for the words “16th May 2004” there shall be substituted “6th May 2004”.
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
26th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Felixstowe Dock and Railway Harbour Revision Order 2002 and shall come into force on 31st October 2002.
2
The Felixstowe Dock and Railway Acts 1879 to 1988 and this Order may be cited together as the Felixstowe Dock and Railway Acts and Order 1879 to 2002.
Interpretation
2
1
In this Order:
“the 1988 Act ” means the Felixstowe Dock and Railway Act 1988 ;
“ the Company ” means the Felixstowe Dock and Railway Company;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Felixstowe Dock and Railway Harbour Revision Order 2002” of which copies are deposited at the offices of the Secretary of State for the Environment, Transport and the Regions and the registered office of the Company;
“dock” means the dock constructed by the Company in pursuance of the powers conferred on them by the Felixstowe Dock and Railway Acts 1879 to 1988 and includes the open cut or channel also constructed under those powers, all other works, land, buildings, ancillary works, plant, property and conveniences connected therewith, as from time to time existing;
“Harwich Haven Authority” has the meaning assigned by the Harwich Harbour Acts and Orders 1973 to 2000;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“ the river ” means the river Orwell;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“work” means any work authorised by article 4 of this Order, and any works constructed under article 6 of this Order for or in connection with or subsidiary to any of those works and includes those works as reconstructed, extended, enlarged, replaced or relaid under paragraph (2) of the said article 4.
2
All points, directions, lengths, areas and other measurements stated in this Order (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
Limits of dock
3
1
The limits of the dock within which the Company shall exercise jurisdiction shall be the area described in Schedule 1 to this Order and notwithstanding anything contained in the Felixstowe Dock and Railway Acts 1879 to 1988, references in any of those Acts or in any byelaws, orders or regulations made under those Acts to the limits of the dock shall be construed as references to the limits so described.
2
The area described in paragraph (1) above is, for the purpose of identification only, shown edged red on sheet 3 of the deposited plans.
3
Subsection (1) of section 3 (Limits of dock) of, and the Schedule to, the 1988 Act are hereby repealed.
Power to construct works
4
1
Subject to the provisions of this Order, the Company may within in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the work hereinafter described, with all necessary works and conveniences connected therewith —
A quay, including berths for vessels and a container storage and handling park, enclosing an area of 7.27 hectares extending into the estuary of the river from the north-east bank of the estuary and being an extension in a north-westerly direction of the work as so described and authorised by the 1988 Act to the extent constructed, commencing at the north-western limit of that work as constructed and shown on the deposited plans and described thereon as “Limit of deviation and line of commencement of work” and terminating on a line shown on the deposited plans and described thereon as “Line of termination of work” between reference point TM2557834830, TM2564334930, TM2566434916 and TM2576135045.
2
Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the work and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
3
The Company may, by means of the work authorised by subsection (1) above, enclose and reclaim so much of the bed of the sea and of the river and of the foreshore adjacent to the dock as lies within the limits of deviation and may hold and use the same as part of the undertaking.
4
The work shall for all purposes form part of the undertaking of the Company as from time to time existing.
Power to deviate
5
In the construction of the work the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to any extent not exceeding the limits of deviation and may deviate vertically from the levels of the work shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
6
Subject to the provisions of this Order, the Company may from time to time within the limits of deviation make such trial boreholes or erect, construct and maintain whether temporarily or permanently all such works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance or use of the work.
Period for completion of work
7
If the work is not completed within ten years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Company for making and maintaining the works shall cease except as to so much thereof as is then substantially commenced.
Power to dredge
8
1
The Company may, for the purposes of constructing and maintaining the work and of affording access to the work by vessels from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the work and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ), from time to time dredged by them.
2
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The Company shall consult with Harwich Haven Authority before exercising the powers conferred on them by this article.
Obstruction of work
9
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the work, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
10
1
A tidal work shall not be constructed, reconstructed, extended, enlarged, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
Any request for the approval of the Secretary of State under paragraph (1) shall show how Schedule 2 has been complied with as respects the tidal works for which approval is being requested.
3
If a tidal work is constructed, reconstructed, extended, enlarged, replaced or relaid in contravention of paragraph (1) above or of any condition or restriction imposed under the said paragraph —
a
the Secretary of State may by notice in writing require the Company at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company they have failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work, or part of it, and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works during construction
11
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, extension, enlargement, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fail to comply in any respect with any direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
12
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fail to notify Trinity House as required by paragraph (1) above or to comply with any requirement of a direction given under the said paragraph they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Company.
Survey of tidal works
14
If the Secretary of State deems it expedient to do so, the Secretary of State may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on tidal works
15
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation at Trinity House shall from time to time direct.
2
If the Company fail to comply in any respect with a direction given under paragraph (1) above they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Amendment of section 28 of Harwich Harbour Act 1974
16
Section 28(1) (For protection of Felixstowe Dock and Railway Company) of the Harwich Harbour Act 1974 is amended by the substitution, for the words “section 3 (Limits of dock) of, and the Schedule to, the Felixstowe Dock and Railway Act 1988”, of the words “article 3 (Limits of dock) of, and Schedule 1 to, the Felixstowe Dock and Railway Harbour Revision Order 2002”.
Disapplication of Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994
17
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
Defence of due diligence
18
1
In proceedings for an offence under any provision of this Order mentioned in paragraph (2) below it shall be a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
The provisions referred to in paragraph (1) above are —
a
article 11;
b
article 12; and
c
article 15.
3
If in any case the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
Protection for Harwich Haven Authority
19
Subject to Article 10, Schedule 2 (Protection for Harwich Haven Authority) shall have effect.
Saving for Trinity House
20
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Crown rights
21
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
10th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Somerset Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Somerset Health Authority ;
“the new Trusts” means the East Somerset National Health Service Trust , the Somerset Partnership National Health Service and Social Care Trust and the Taunton and Somerset National Health Service Trust ;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1) to (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Somerset National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the East Somerset National Health Service Trust on 23rd November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the East Somerset National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Somerset Partnership National Health Service and Social Care Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Somerset Partnership National Health Service and Social Care Trust on 23rd and 26th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Somerset Partnership National Health Service and Social Care Trust.
3
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Taunton and Somerset National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Taunton and Somerset National Health Service Trust on 23rd November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Taunton and Somerset National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation
1
This Order may be cited as the State Pension Credit Act (Commencement No. 2) Order 2002.
Appointed day
2
The day appointed for the coming into force of section 18 of the State Pension Credit Act 2002 is 3rd September 2002.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th August 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England and Wales only.
3
For the purpose of paragraph (2), “England and Wales” includes the territorial waters adjacent to England and Wales.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as follows.
2
In the Table in paragraph 2(2) of Part 1 of Schedule 3, vary the entries to show that the relevant period —
a
for an activity falling within Part A(2) of Section 2.1, is 1st May 2003 to 31st July 2003;
b
for an activity falling within Part A(2) of Section 3.1, is 1st April 2003 to 30th June 2003;
c
for an activity falling within Part A(2) of Section 3.3, is 1st May 2003 to 31st July 2003;
d
for an activity falling within Part A(2) of Section 3.5, is 1st April 2003 to 30th June 2003; and
e
for an activity falling within Part A(2) of Section 6.1, is 1st April 2003 to 30th June 2003.
3
Substitute the following Table for the Table in paragraph 10 of Part 2 of Schedule 3 —
Any installation where an activity falling within Part B of the following Sections of Part 1 of Schedule 1 is carried out or any mobile plant used to carry out such an activity Relevant Date
Section 1.1 1st April 2003 Section 1.2 1st April 2005 Section 2.1 1st April 2004 Section 2.2 1st April 2004 Section 2.3 1st April 2004 Section 3.1 1st April 2003 Section 3.2 1st April 2003 Section 3.3 1st April 2005 Section 3.5 1st April 2003 Section 3.6 1st April 2003 Section 4.1 1st April 2005 Section 4.8 1st April 2005 Section 5.1 1st April 2003 Section 6.3 1st April 2005 Section 6.4 1st April 2004 Section 6.5 1st April 2004 Section 6.6 1st April 2003 Section 6.7 1st April 2004 Section 6.8 1st April 2005
Revocation
3
Sub-paragraphs (a), (b) and (c) of regulation 2(3) of the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2001 are revoked.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
11th February 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Governors' Annual Reports) (England) (Amendment) Regulations 2002 and shall come into force on 16th May 2002.
2
In these Regulations, “the principal Regulations ” means the Education (Governors' Annual Reports) (England) Regulations 1999 .
Amendment of the principal Regulations
2
In place of the Schedule to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th April 2002


text:
Name and commencement
1
1
This Order is called the Cardiff and Vale of Glamorgan (Michaelston and Grangetown) Order 2002.
2
This Order comes into force on 1 April 2003 which is the appointed day for the purposes of the Regulations, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Map of The Cardiff and Vale of Glamorgan (Michaelston and Grangetown) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 (as amended) ;
“Cardiff” (“ Caerdydd ”) means the City and County of Cardiff.
“Vale of Glamorgan” (“ Bro Morgannwg ”) means the County Borough of The Vale of Glamorgan.
Changes in Community Areas
3
The part of the Vale of Glamorgan which is in the community of Michaelston and is shown hatched in black on the boundary map is separated from that community and forms part of the community of Grangetown in Cardiff.
Signed on behalf of the National Assembly for Wales
E. Hart
Minister for Finance, Local Government and Communities
6th December 2002


text:
1
This Order may be cited as the Income and Corporation Taxes Act 1988, Section 349B(3) Order 2002, and shall come into force on 1st December 2002.
2
In section 349B(3) of the Taxes Act after “made to” insert “, or to the nominee of”.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2002


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Visual Recording of Interviews) (Certain Police Areas) (No. 2) Order 2002 and shall come into force on 30th October 2002.
2
This Order shall apply to interviews commencing after midnight on 29th October 2002 and held by police officers at the following police stations within the police area of Essex:
a
Harlow;
b
Colchester; and
c
Southend.
3
Interviews to which this Order applies shall be visually recorded in accordance with the requirements of the code of practice on visual recording which came into operation on 7th May 2002.
John Denham
Minister of State
Home Office
7th October 2002


text:
Citation and commencement
1
These Regulations may be cited as the European Specialist Medical Qualifications Amendment Regulations 2002 and shall come into force on 17th April 2002.
Amendment of the European Specialist Medical Qualifications Order 1995
2
1
The European Specialist Medical Qualifications Order 1995 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) of article 7 after the word “published” insert “following approval by the STA ”.
3
After paragraph (4) of article 8 insert the following paragraph —
4A
In order to satisfy the STA that a doctor has particular expertise in a field such that he is entitled to have that expertise indicated in the register under paragraph (4)(b), the doctor must satisfy the STA that he has satisfactorily completed —
a
an STA approved sub-speciality training scheme in the United Kingdom; or
b
any other sub-speciality training scheme outside the United Kingdom that the STA is satisfied is equivalent to an STA approved sub-speciality training scheme.
.
4
In Part II of Schedule 2, in the appropriate alphabetical position, insert “Pharmaceutical medicine”.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
26th March 2002


text:
Citation, commencement and effect
1
1
This Order may be cited as the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002.
2
This Order shall come into force on the day the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999 comes into force or takes effect for the United Kingdom and the Secretary of State shall give notice of that day in the London, Edinburgh and Belfast Gazettes.
3
Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.
Amendments of the Carriage by Air Act 1961
2
1
The Carriage by Air Act 1961 is amended as follows.
2
For section 1, substitute —
Convention to have the force of law
1
1
The applicable provisions of the Carriage by Air Conventions have the force of law in the United Kingdom in relation to any carriage by air to which they apply, irrespective of the nationality of the aircraft performing that carriage.
2
Subsection (1) does not apply in relation to Community air carriers to the extent that the provisions of the Council Regulation have the force of law in the United Kingdom.
3
Subsection (1) is subject to the other provisions of this Act.
4
If more than one of the Carriage by Air Conventions applies to a carriage by air, the applicable provisions that have the force of law in the United Kingdom are those of whichever is the most recent applicable Convention in force.
5
The Carriage by Air Conventions are —
a
the Convention known as “the Warsaw Convention as amended at The Hague, 1955” (“the Convention”);
b
that Convention as further amended by Protocol No. 4 of Montreal, 1975 (“the Convention as amended”); and
c
the Convention known as “the Montreal Convention 1999” (“the Montreal Convention”).
6
“The applicable provisions” means —
a
the provisions of the Convention set out in Schedule 1,
b
the provisions of the Convention as amended set out in Schedule 1A, and
c
the provisions of the Montreal Convention set out in Schedule 1B,
so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons.
7
In this Act a reference to an Article of, or Protocol to, any of the Carriage by Air Conventions is a reference to that Article or Protocol as it appears in the Schedule in which it is set out.
8
If there is any inconsistency between the text in English in Part I of Schedule 1 or 1A and the text in French in Part II of that Schedule, the French text shall prevail.
.
3
In subsection (1) of section 2 (designation of High Contracting Parties) —
a
for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”; and
b
for the words from “the Additional Protocol” to the end substitute
the Additional Protocol at the end of the Convention;
the Additional Protocol at the end of the Convention as amended; or
Article 57(a) of the Montreal Convention.
.
4
After subsection (1) of that section, insert —
1A
Her Majesty may by Order in Council certify any revision of the limits of liability established under the Montreal Convention.
.
5
For subsection (2) of that section substitute —
2
The provisions of the Carriage by Air Conventions mentioned in subsection (2A) shall not be read as extending references in the applicable provisions to the territory of a High Contracting Party (except such as are references to the territory of any State, whether a High Contracting Party or not) to include any territory in respect of which that High Contracting Party is not a party.
2A
The provisions are —
a
Article 40A(2) of the Convention;
b
Article 40A(2) of the Convention as amended; and
c
paragraph 1 of Article 56 of the Montreal Convention.
.
6
In section 3 (fatal accidents), for “Article 17 in Schedule 1 or 1A to this Act” substitute
Article 17 of the Convention;
Article 17 of the Convention as amended; or
Article 17.1 of the Montreal Convention.
.
7
For subsection (1) of section 4 (limitation of liability) substitute —
1
It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced.
1A
The provisions are —
a
Article 22 of the Convention;
b
Article 22 of the Convention as amended; and
c
Articles 21 and 22 of the Montreal Convention.
1B
The limitation for each passenger in —
a
paragraph (1) of Article 22 of the Convention or of the Convention as amended, and
b
Article 21 and paragraph (1) of Article 22 of the Montreal Convention,
applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom.
.
8
In subsection (2) of that section —
a
for “the said Article 22” substitute “a provision mentioned in subsection (3A)”; and
b
for “the provisions of the said Article 22” substitute “that provision”.
9
In subsection (3) of that section, for “the said Article 22” substitute “a provision mentioned in subsection (3A)”.
10
After subsection (3) of that section, insert —
3A
The provisions are —
a
Article 22 of the Convention;
b
Article 22 of the Convention as amended; and
c
Articles 21, 22 and 44 of the Montreal Convention.
.
11
In subsection (5) of that section —
a
after “Article 22” insert “of the Convention or of the Convention as amended”; and
b
after “Article 25A” insert “of that Convention”.
12
In section 4A (notice of partial loss), in subsection (1), for the words from the beginning to “shall”, where it first occurs, substitute “References to damage in the provisions mentioned in subsection (2)”.
13
For subsection (2) of section 4A substitute —
2
The provisions are —
a
Article 26(2) of the Convention;
b
Article 26(2) of the Convention as amended; and
c
Article 31(2) of the Montreal Convention.
.
14
In section 5 (time for bringing actions), in subsection (1), for “the Convention or the Convention as amended relates” substitute “any of the Carriage by Air Conventions applies”.
15
In subsection (2) of that section —
a
for “Article 29 in Schedule 1 or 1A to this Act shall” substitute “The provisions mentioned in subsection (4)”; and
b
for “the Convention or the Convention as amended” substitute “any of the Carriage by Air Conventions”.
16
In subsection (3) of that section, for the words from the beginning to “shall” substitute “Subsections (1) and (2) and the provisions mentioned in subsection (4)”.
17
After subsection (3) of that section, insert —
4
The provisions are —
a
Article 29 of the Convention;
b
Article 29 of the Convention as amended; and
c
Article 35 of the Montreal Convention.
5
If the Montreal Convention applies, “carrier” in this section includes an actual carrier as defined by Article 39 of that Convention.
.
18
In section 6 (contributory negligence) —
a
the existing provision becomes subsection (1); and
b
for “Article 21 in Schedule 1 or 1A to this Act” substitute “the provisions mentioned in subsection (2)”.
19
After subsection (1) of that section, insert —
2
The provisions are —
a
Article 21 of the Convention;
b
Article 21 of the Convention as amended; and
c
Article 20 of the Montreal Convention.
.
20
In section 7 (power to exclude aircraft in use for military purposes), for “Convention as set out in Schedule 1 or 1A” substitute “the applicable provisions”.
21
For section 8 (action against High Contracting Parties) substitute —
Actions against parties to Conventions.
8
1
Each party to a Carriage by Air Convention, for the purposes of any action brought in a court in the United Kingdom in accordance with a provision mentioned in subsection (5) to enforce a claim in respect of carriage undertaken by him, is deemed to have submitted to the jurisdiction of that court.
2
Accordingly, rules of court may provide for the manner in which any such action is to be commenced and carried on.
3
But nothing in this section shall authorise the issue of execution against the property of any party to a Carriage by Air Convention.
4
Subsections (1) and (2) do not apply to a party to a Carriage by Air Convention who has availed himself, in relation to a provision mentioned in subsection (5), of —
a
the Additional Protocol at the end of the Convention,
b
the Additional Protocol at the end of the Convention as amended; or
c
Article 57(a) of the Montreal Convention.
5
The provisions are —
a
Article 28 of the Convention;
b
Article 28 of the Convention as amended;
c
Articles 33 and 46 of the Montreal Convention.
6
“Party” means —
a
in relation to the Convention and the Convention as amended, a High Contracting Party; and
b
in relation to the Montreal Convention, a State Party.
.
22
In section 10 (application to carriage by air not governed by Convention) —
a
for “Schedule 1 or 1A to this Act” substitute “the applicable provisions of any of the Carriage by Air Conventions”; and
b
for “Convention or Convention as amended” substitute “Convention in question”.
23
In section 11 (application to Scotland), in paragraph (b), for “Article 17 in Schedule 1 or 1A to this Act” substitute
Article 17 of the Convention,
Article 17 of the Convention as amended, and
Article 17.1 of the Montreal Convention,
.
24
In section 14 (interpretation etc ), for subsection (2) substitute —
2
in this Act —
“the applicable provisions” has the meaning, given in section 1(6);
“the Carriage by Air Conventions” has the meaning given in section 1(5);
“the Convention”, “the Convention as amended” and “the Montreal Convention” have the meaning given in section 1(5);
“the Council Regulation” means Council Regulation ( EC ) No. 2027/97 of 9th October 1997 on air carrier liability in the event of accidents as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 as amended by the Decision of the EEA Joint Committee No. 34/98 of 30th April 1998 ,
“Community air carrier” has the meaning given by Article 2 of the Council Regulation; and
“court” includes (in an arbitration allowed by the Convention) an arbitrator.
.
25
After Schedule 1A there shall be inserted, as Schedule 1B, the provisions set out in Schedule 1 to this Order.
26
For Part II of Schedule 1A there shall be substituted the provisions in Schedule 2 to this Order.
Amendments of the Carriage by Air (Supplementary Provisions) Act 1962
3
1
The Carriage by Air (Supplementary Provisions) Act 1962 is amended as follows.
2
In subsection (1) of section 3 (Application of provisions of Acts of 1961 and 1932) for “subsections (2) and (3)” substitute “subsection (3A)(a) and (b)”.
3
In subsection (2) of that section after “carrier” insert “in a case where the Convention or the Convention as amended, as defined in section 1(5) of that Act, applies”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warrington Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Warrington Community Healthcare National Health Service Trust ;
“the new Trust” means the 5 Boroughs Partnership National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 13th February 2002 and on behalf of the new Trust on 12th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement, interpretation and extent
1
1
These Rules may be cited as the Family Health Services Appeal Authority (Procedure) (Amendment) Rules 2002 and shall come into force on 26th August 2002.
2
In these Rules, the “ principal Rules ” means the Family Health Services Appeal Authority (Procedure) Rules 2001 .
3
These Rules apply to England and Wales.
Amendment of the principal Rules
2
1
For Rule 1(2) of the principal Rules, there shall be substituted “These Rules apply to England and Wales.”.
2
In Rule 2(1) of the principal Rules, in the definition of “ FHS Regulations” —
a
at the end of paragraph (h), omit “or”,
b
at the end of paragraph (i), insert “or,”, and
c
after paragraph (i), insert “(j) section 18 of the Health and Social Care Act 2001 (regulations about out of hours medical services) ;”.
Irvine of Lairg, C.
23rd July 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Middleton Railway Drewry Car) Exemption Order 2002 and shall come into force on 22nd May 2002.
Interpretation
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Application
3
This Order applies to the vehicle known as the Drewry Car number DB998901 (“the exempted vehicle”) as owned by the EM2 Locomotive Society and operated by the Middleton Railway Trust Limited.
Exemption
4
1
Subject to articles 5 and 6 the exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4(1);
b
regulation 4(2);
c
regulation 4(3);
d
regulation 10(1)(b);
e
regulation 11(1)(a);
f
regulation 11(2)(a);
g
regulation 11(3);
h
regulation 12;
i
regulation 13;
j
regulation 16(1)(e);
k
regulation 19(1);
l
regulation 19(2);
m
regulation 23(7)(b); and
n
regulation 23(7)(d).
5
1
It is a condition of the exemption given by article 4(2)(a) and (e) that the operator shall provide, so far as is practicable, a person other than the driver who is available on the platform or in the exempted vehicle to assist ambulant disabled or visually impaired persons to board and alight from the exempted vehicle.
2
It is a condition of the exemption given by article 4(2)(d) that the operator shall provide, so far as is practicable, a person other than the driver who is available in the exempted vehicle to assist the safe passage of visually impaired persons.
6
The authorisation granted by article 4(1) shall cease forthwith if the exempted vehicle is —
a
operated by a person other than the Middleton Railway Trust Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
not operated on the Middleton Railway in Leeds.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
25th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 12) Order 2002.
2
In this Order, “ the Act ” means the Health Act 1999.
Appointed day
2
1
1st April 2002 is the day appointed for the coming into force of section 60(3) of the Act in so far as it relates to the provisions mentioned in articles 3, 4 and 5.
3
The following provisions of the Nurses, Midwives and Health Visitors Act 1997 —
a
sections 1 to 8; 10; 11; 14; 15; 17 to 20; in 22(1), the definitions of “by order”, “the Central Council” and “the Council”, “elected members” and “electoral scheme”, “the National Boards” and “the Boards”, “prescribed” and “rules”, 22(2), and 22(3); and 24(2) to (5); Schedule 1; Schedule 2; Schedule 3; and paragraphs 1 and 2 of Schedule 4.
4
The following provisions in the Professions Supplementary to Medicine Act 1960 —
a
sections 1; 2(1) to (4); 3; 4; 5; 8; 9(1), (2), (5) and (6) ; 11; 12; the First Schedule; and the Second Schedule.
5
In Schedule 5 to the Act the repeals relating to the provisions specified in articles 3 and 4 to the extent specified in that article.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
27th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2002 and shall come into force on 17th July 2002.
Amendments to Regulation 2 (Interpretation)
2
1
In regulation 2(1)(a) of the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 , the words “as amended by Commission Directive 2001/63/ EC ” shall be inserted after the word “machinery”;
2
In regulation 2(1)(c), the words “, or is to be,” shall be inserted before the word “installed”;
3
In regulation 2(3), for the words after “Regulations” there shall be substituted the words: “a reference to an Annex is a reference to the relevant Annex to Directive 97/68/EC (an Arabic numeral in these Regulations being treated as the equivalent Roman numeral in that Directive)”.
Revocation and consequential amendments
3
1
Schedules 1,2,3,4,5,6 and 7 shall be revoked;
2
The words “Annex” and “Annexes” are substituted for the words “Schedule” and “Schedules” respectively wherever they appear in —
a
Regulation 2(1)(e),(f),(g) and (m) and (2);
b
Regulation 6(1) and (2);
c
Regulation 8(2),(3) and (4);
d
Regulation 9(1)(a) and (c), and (5);
e
Regulation 11 (1) and (9);
f
Regulation 13(1)(a);
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
24th June 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Malvern Hills (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Malvern Hills;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Malvern Hills (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Malvern Hills District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Malvern Hills
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-two 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.
Wards of the parish of Malvern
4
1
The existing wards of the parish of Malvern shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district 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 Malvern Wells
5
1
The existing wards of the parish of Malvern Wells shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names All Saints and St Peters; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the St Peters parish ward shall be seven and for the All Saints parish ward shall be six.
Numbers of parish councillors
6
The number of parish councillors to be elected for the parish of Pendock shall be seven.
Maps
7
Malvern Hills District Council shall make a print of the map marked “Map referred to in the District of Malvern Hills (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
Article 6 of the Hereford and Worcester (Structural, Boundary and Electoral Changes) Order 1996 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2002 and shall come into force —
a
for the purposes of the amendments made by paragraphs (2) and (3) of regulation 2 on 8th December 2002; and
b
for all other purposes on 1st April 2003.
2
1
Amend the Social Security Benefit (Computation of Earnings) Regulations 1996 as follows.
2
In regulation 2 omit the definition in paragraph (1) of “maternity leave”.
3
In regulation 9 —
a
for sub-paragraph (j) of paragraph (1) substitute —
j
any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is —
i
on maternity leave;
ii
on paternity leave;
iii
on adoption leave; or
iv
absent from work because he is ill.
.
b
at the appropriate points in the alphabetical list in paragraph (4) insert the following definitions —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave under section 75A or 75B of the Employment Rights Act 1996 ;
;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996 ;
and
“paternity leave” means a period of absence from work on leave under section 80A or 80B of the Employment Rights Act 1996 .
.
4
In the provisions mentioned in paragraph (5) for “invalid care allowance” substitute “carer’s allowance ”.
5
The provisions are —
a
regulation 7(a)(i) (date on which earnings are treated as paid);
b
regulation 10(3) (calculation of net earnings of employed earners);
c
regulation 13(3) (calculation of net earnings of self-employed earners); and
d
the heading to, and paragraph 1(a) of, Schedule 3 (care charges to be deducted in the calculation of earnings for entitlement to invalid care allowance).
Philip Woolas
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th November 2002
The Secretary of State hereby concurs.
P. Hollis
Parliamentary Under Secretary of State,
Department for Work and Pensions
14th November 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Wokingham (Electoral Changes) Order 2002.
2
This Order, with the exception of articles 5, 6, 8, 9, 10 and 11 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Article 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Arborfield and Newland to be held on 4th May 2006, on 15th October 2005;
b
for all other purposes, on 4th May 2006.
4
Articles 6, 8, 9, 10 and 11 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Earley, Shinfield, Twyford, Wokingham and Woodley to be held on 3rd May 2007, on 15th October 2006;
b
for all other purposes, on 3rd May 2007.
Interpretation
2
In this Order —
“district” means the district of Wokingham;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Wokingham (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Wokingham District Council; and
any reference to a sheet of the map is a reference to the sheet of the map which bears that number.
Wards of the district of Wokingham
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five 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 Wokingham
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district 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.
5
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.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
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.
Wards of the parish of Arborfield and Newland
5
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of parish 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 Earley
6
1
The existing wards of the parish of Earley shall be abolished.
2
The parish shall be divided into eight parish wards which shall bear the names Cutbush, Hawkedon, Hillside, Maiden Erlegh, Radstock, Redhatch, St Nicholas and Whitegates; and the wards shall comprise the areas designated on sheet (4) be reference to the name of the ward and demarcated by orange lines.
3
The number of parish councillors to be elected for each of the parish wards of Cutbush, Hawkedon, Hillside, Maiden Erlegh, St Nicholas, Radstock and Whitegates shall be three, and for the parish ward of Redhatch shall be four.
Wards of the parish of Finchampstead
7
1
The existing wards of the parish of Finchampstead shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Finchampstead North, Finchampstead South and Lower Wokingham; and each of the parish wards of Finchampstead North and Finchampstead South shall comprise the area of the district ward bearing the same name, and the Lower Wokingham parish ward shall consist of the rest of the parish.
3
The number of parish councillors to be elected for the parish ward of Lower Wokingham shall be two, for the parish ward of Finchampstead North shall be seven, and for the parish ward of Finchampstead South shall be eight.
Wards of the parish of Shinfield
8
1
The existing wards of the parish of Shinfield shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Grazeley, Shinfield North, Shinfield Village, Spencers Wood and Three Mile Cross, and Spencers Wood South; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the parish wards of Grazeley and Spencers Wood South shall be two, for each of the parish wards of Shinfield North and Spencers Wood and Three Mile Cross shall be three, and for the parish ward of Shinfield Village shall be five.
Wards of the parish of Twyford
9
The parish of Twyford 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 district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of parish 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 Wokingham
10
1
The existing wards of the parish of Wokingham shall be abolished.
2
The parish shall be divided into nine parish wards which shall bear the names Emmbrook North, Emmbrook South, Evendons East, Evendons West, Norreys East, Norreys West, Sandy Bottom, Wescott East and Wescott West; and the wards shall comprise the areas designated on sheet (6) by reference to the name of the ward and demarcated by orange lines.
3
The number of parish councillors to be elected for the parish ward of Sandy Bottom shall be one, for each of the parish wards of Wescott East and Wescott West shall be two, for each of the parish wards of Emmbrook North, Emmbrook South, Evendons East, Norreys East and Norreys West shall be three, and for the parish ward of Evendons West shall be five.
Wards of the parish of Woodley
11
1
The existing wards of the parish of Woodley shall be abolished.
2
The parish shall be divided into nine parish wards which shall bear the names Bulmershe, Coronation Central, Coronation East, Loddon Airfield, Loddon South, Loddon West, South Lake North, South Lake South and Warren; and the wards shall comprise the areas designated on sheet (4) by reference to the name of the ward and demarcated by orange lines.
3
The number of parish councillors to be elected for the parish wards of Coronation Central, Loddon West and Warren shall be two, for each of the parish wards of Coronation East, Loddon Airfield, Loddon South, South Lake North and South Lake South shall be three, and for the parish ward of Bulmershe shall be four.
Parish Elections
12
1
Elections of all parish councillors for the parishes of Remenham and Wargrave shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
2
The ordinary elections of parish councillors for the parish of Ruscombe in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 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.
3
Elections of all parish councillors for the parish of Ruscombe shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
4
The term of office of parish councillors elected in accordance with paragraphs (1) and (3) above shall be four years; and they 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.
5
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 8th May 2004 in the office of a parish councillor for the parish of Ruscombe as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004.
Maps
13
Wokingham District Council shall make a print of the map marked “Map referred to in the District of Wokingham (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
14
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
15
The District of Wokingham (Electoral Arrangements) Order 1978 is revoked, with the exception of articles 5 and 6.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
Title and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) (No. 2) Regulations 2002 and shall come into force on 11th October 2002.
Amendment to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002
2
Schedule 2 to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002 (import conditions) is amended in accordance with this regulation —
a
for the entry in section C of Part I (protective measures–all products) there is substituted the following entry —
China
Commission Decision 2002/69/ EC ( OJ No. L30, 31.1.2002, p.50), as amended by Commission Decision 2002/441/EC (OJ No. L151, 11.6.2002, p.16), Commission Decision 2002/573/EC (OJ No. L181, 11.7.2002, p.21) and Commission Decision 2002/768/EC (OJ No. L260, 28.9.2002, p.31).
; and
b
in section H of Part IX (protective measures–fishery products) —
i
for paragraph 2 there is substituted —
China
2
Commission Decision 2001/699/EC (OJ No. L251, 20.9.2001, p.11) as amended by Commission Decision 2002/770/EC (OJ No. L265, 3.10.2002, p.16).
, and
ii
paragraphs 5 and 7 are omitted.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th October 2002


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply in England only.
3
In these Regulations —
“ the Act ” means the Health and Social Care Act 2001;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 2002 Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“joint overview and scrutiny committee” means a committee appointed under regulation 7(1);
“local authority” means —
in relation to regulations 2 to 6, a local authority to which section 7 of the Act applies and the Common Council for the City of London ; and
in relation to regulations 7 to 10, a local authority to which section 8 of the Act applies and the Common Council for the City of London;
“local NHS body” means, in relation to an overview and scrutiny committee, a Strategic Health Authority, Primary Care Trust or NHS trust which provides, or arranges for the provision of, or performs any management function in relation to, services to persons residing within the area of the committee’s local authority or, in the case of a joint overview and scrutiny committee, the areas of the authorities which have appointed that joint committee.
4
In regulations 2 to 6 references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.
Review and scrutiny
2
1
An overview and scrutiny committee may review and scrutinise any matter relating to the planning, provision and operation of health services in the area of its local authority.
2
In carrying out the review and scrutiny of a particular matter, the overview and scrutiny committee shall —
a
have regard to any guidance issued by the Secretary of State under section 38 of the 2000 Act with respect to the exercise of its functions under section 21(2)(f) of that Act;
b
invite interested parties to comment on the matter; and
c
take account of relevant information available to it and, in particular, relevant information provided to it by a Patients' Forum pursuant to a referral under section 15(5)(a) of the 2002 Act.
3
Otherwise, the procedure of review and scrutiny is to be determined by the overview and scrutiny committee.
Reports and recommendations
3
1
An overview and scrutiny committee may make reports and recommendations to local NHS bodies and to its local authority on any matter reviewed or scrutinised by it pursuant to regulation 2.
2
Where an overview and scrutiny committee makes such reports and recommendations it shall include —
a
an explanation of the matter reviewed or scrutinised;
b
a summary of the evidence considered;
c
a list of the participants involved in the review or scrutiny; and
d
any recommendations on the matter reviewed or scrutinised.
3
Where an overview and scrutiny committee requests a response from a local NHS body to whom it has made a report or recommendation, that body shall respond in writing to the committee within 28 days of the request.
Consultation of Committees by local NHS bodies
4
1
Subject to the following provisions of this regulation, where a local NHS body has under consideration any proposal for a substantial development of the health service in the area of a local authority, or for a substantial variation in the provision of such service, it shall consult the overview and scrutiny committee of that authority.
2
Paragraph (1) shall not apply with respect to —
a
any proposal to establish or dissolve an NHS trust or a Primary Care Trust (unless the establishment or dissolution involves a substantial development or variation as referred to in paragraph (1) above); or
b
any proposal for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 1997 .
3
Paragraph (1) shall not apply to any proposals on which the local NHS body concerned is satisfied that a decision has to be taken without allowing time for consultation because of a risk to safety or welfare of patients or staff; but, in any such case, the local NHS body shall notify the overview and scrutiny committee immediately of the decision taken and the reason why no consultation has taken place.
4
Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by a local NHS body pursuant to paragraph (1) may make comments on the proposal consulted on by such date as may be specified by the local NHS body.
5
In any case where an overview and scrutiny committee is not satisfied that —
a
consultation on any proposal referred to in paragraph (1) has been adequate in relation to content or time allowed; or
b
where paragraph (3) applies, the reasons given by the local NHS body are adequate,
it may report to the Secretary of State in writing who may require the local NHS body concerned to carry out such consultation, or such further consultation, with the overview and scrutiny committee as he considers appropriate.
6
Where further consultation has been required under paragraph (5), the local NHS body shall, having regard to the outcome of such further consultation, reconsider any decision it has taken in relation to the proposal in question.
7
In any case where an overview and scrutiny committee considers that the proposal would not be in the interests of the health service in the area of the committee’s local authority, it may report to the Secretary of State in writing who may make a final decision on the proposal and require the local NHS body to take such action, or desist from taking such action, as he may direct.
Information to be furnished by local NHS bodies
5
1
Subject to paragraph (3), it shall be the duty of a local NHS body to provide an overview and scrutiny committee with such information about the planning, provision and operation of health services in the area of that committee’s local authority as the committee may reasonably require in order to discharge its functions.
2
Where a local NHS body provides, or arranges for the provision of, or performs any management function in relation to, services to persons residing within the area of several local authorities, its duty under paragraph (1) shall be satisfied if it provides information to the joint overview and scrutiny committee of those authorities.
3
Nothing in paragraph (1) shall require the provision by a local NHS body of —
a
confidential information which relates to and identifies a living individual, unless at least one of the conditions specified in paragraph (4) applies; or
b
any other information the disclosure of which is prohibited by or under any enactment, unless paragraph (5) applies.
4
The conditions referred to in paragraph (3)(a) are —
a
the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained; or
b
the individual consents to the information being disclosed.
5
This paragraph applies where —
a
the prohibition on the disclosure of information arises because the information is capable of identifying an individual; and
b
the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained.
6
In a case where the disclosure of information is prohibited by paragraph (3), the overview and scrutiny committee may require the person holding the information to put the information in a form from which the identity of the individual concerned cannot be identified in order that the information may be disclosed.
Obtaining information and explanations
6
1
Subject to any directions issued under regulation 10, an overview and scrutiny committee may require an officer of a local NHS body to attend before the committee to answer such questions as appear to the committee to be necessary for discharging its functions.
2
Subject to paragraphs (3) and (4), it is the duty of any such officer to comply with any such requirement.
3
The overview and scrutiny committee may not require a person to attend in accordance with paragraph (1) unless reasonable notice of the intended date of attendance has been given to that person.
4
Nothing in paragraph (1) shall require any person to answer any question put to him by the overview and scrutiny committee —
a
to the extent that the answer requires the provision of information of a type specified in regulation 5(3) (unless within an exception under regulation 5(4) or (5)); or
b
if he would be entitled to refuse to answer in, or for the purposes of, proceedings in a court in England and Wales.
Joint Committees
7
1
Two or more local authorities may appoint a joint committee (a “joint overview and scrutiny committee”) of those authorities and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the joint committee subject to such terms and conditions as the authorities may consider appropriate.
2
A joint overview and scrutiny committee may not discharge any functions other than relevant functions exercised by it by virtue of arrangements made under paragraph (1) above.
3
The provisions of section 21(6) to (15) of the 2000 Act shall apply to a joint overview and scrutiny committee as they apply to an overview and scrutiny committee within the meaning of section 21 of that Act, but subject to the modification that subsection (10) shall apply as though the words “subject to any provision made by or under paragraphs 7 to 9 of Schedule 1” were omitted.
4
Section 9 of, and Schedule 1 to, the Act shall apply to a joint overview and scrutiny committee.
Delegated scrutiny
8
1
A local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority in the circumstances set out in paragraph (2).
2
The circumstances referred to paragraph (1) above are where a local authority considers that another local authority would be better placed to undertake a relevant function and the latter agrees to exercise that function.
Co-option
9
1
A county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as —
a
a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council; or
b
a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.
2
A county council making an arrangement for an appointment under paragraph (1)(a) or (b) above may specify that the appointment is —
a
for the life of the overview and scrutiny committee; or
b
until such time as it decides to terminate the appointment; or
c
for the review or scrutiny of a particular matter.
3
In this regulation, references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.
Directions
10
The Secretary of State may direct a local authority —
a
to make arrangements of any description within regulations 7 to 9 above; and
b
to comply with such requirements in connection with the arrangements as he may direct.
Signed by Authority of the Secretary of State for Health
David Lammy
Parliamentary under Secretary of State for Health,
Department of Health
11th December 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (Companhia Portuguesa Radio Marconi SA) Order 2002 and shall come into force on 12th July 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Stephen Timms
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
11th June 2002


text:
Citation and commencement
1
These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2002 and shall come into force on 15th May 2002.
Interpretation
2
In these Regulations —
“the 2000 Regulations ” means the Immigration Appeals (Family Visitor) ( No. 2) Regulations 2000 ; and
“the 1999 Act ” means the Immigration and Asylum Act 1999.
Amendment of the 2000 Regulations
3
1
Subject to (2) below, the definition of “entry clearance officer”, “fee” and “repayment” in regulation 2(1) and regulations 3 and 4 of the 2000 Regulations are hereby revoked.
2
Where a person has appealed under section 59(2) of the 1999 Act before these Regulations come into force (whether or not that appeal has been determined), nothing in these Regulations shall prevent the repayment to a family visitor of a fee in accordance with regulations 3(3) and 4 of the 2000 Regulations.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd April 2002