text:
PART I
Preliminary
Citation and commencement
1
1
This Order may be cited as the Whitehaven Harbour Commissioners (Constitution) Harbour Revision Order 2002 and shall come into force on 4th March 2002.
2
The Whitehaven Town and Harbour Acts and Orders 1708 to 1996 and this Order may be cited together as the Whitehaven Town and Harbour Acts and Orders 1708 to 2002.
Incorporation of Commissioners Clauses Act 1847
2
Sections 12, 14 to 16 and 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Appointing Body” has the meaning given by article 5(6) below;
“the Commissioners” means the Whitehaven Harbour Commissioners;
“the transitional constitution” means the constitution of the Commissioners which, in accordance with Schedule 1 to this Order, has effect from the transitional constitution date until 31st March 2003;
“the transitional constitution date” means the first day of the second month after the expiry of the month current at the commencement of this Order.
PART II
Transitional Constitution
Transitional constitution
4
The provisions of Schedule 1 to this Order shall apply to the transitional constitution.
PART III
Permanent Constitution
Constitution of Commissioners
5
1
On and after 1st April 2003, the Commissioners shall consist of not less than seven nor more than nine as provided in this article.
2
Six of the Commissioners shall be appointed by the Appointing Body.
3
The Chief Executive of the Commissioners shall, by virtue of his office, be a Commissioner.
4
Each Commissioner appointed under paragraph (2) above shall be a person who appears to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
management of harbours;
b
management of water related leisure activities;
c
shipping or other forms of transport;
d
the fishing industry;
e
navigation;
f
industrial, commercial or financial matters;
g
administration;
and the Appointing Body shall secure, so far as reasonably practicable, that Commissioners appointed by it will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
5
The Commissioners appointed under paragraph (2) above may co-opt not more than two persons to serve as a Commissioner or Commissioners during such period not exceeding two years as may be specified by the co-opting Commissioners at the time of co-option.
6
For the purposes of appointing the Commissioners referred to in paragraph (2) above, the Appointing Body means a body consisting of —
a
a person (not being a Commissioner) nominated from time to time by Copeland Borough Council;
b
a person (not being a Commissioner) nominated from time to time by Cumbria County Council;
c
the Chairman of the Commissioners or, if the Chairman is a candidate for re-appointment as a Commissioner, the vice-chairman of the Commissioners;
d
two other Commissioners appointed by the qualifying Commissioners from amongst their number at a meeting at which not less than four of their number shall be present;
and in this paragraph, “qualifying Commissioners” means the Commissioners appointed under paragraph 2(2) of Schedule 1 to this Order or paragraph (2) above.
Appointment and terms of office of first Commissioners
6
1
The Appointing Body shall appoint the first Commissioners to be appointed by it before 1st April 2003.
2
Of the first Commissioners appointed by the Appointing Body —
a
two shall hold office until 31st March 2004;
b
two shall hold office until 31st March 2005; and
c
three shall hold office until 31st March 2006;
as the Appointing Body shall specify when they make each of those appointments.
Terms of office of other Commissioners
7
A Commissioner appointed by the Appointing Body (other than a Commissioner appointed under article 6 above) shall, unless appointed to fill a casual vacancy and subject to the provisions of this Order, hold office for the period of three years from 1st April next following his appointment.
Casual vacancies
8
1
A casual vacancy arising in the office of a Commissioner appointed by the Appointing Body shall be filled by the appointment of a Commissioner by the Appointing Body.
2
A Commissioner appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a Commissioner) during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
9
If the Commissioners holding office under article 5(2) or (3) above are satisfied that a Commissioner —
a
has been absent from meetings of the Commissioners for three consecutive months or more without the permission of the Commissioners; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable or unfit to discharge the functions of a Commissioner;
those Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
10
The Commissioners may subscribe, and pay premiums, for a policy of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
11
On and after 1st April 2003 the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Revocations
12
On the transitional constitution date, the instruments mentioned in the first and second columns of Schedule 3 to this Order shall be revoked to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions.
Stephen Reeves
Head of Ports Division,
Department for Transport, Local Government and the Regions
11th February 2002


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Education (Bursaries for School Teacher Training) (England) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations shall apply in relation to England.
2
The Education (Bursaries for School Teacher Training) (England) Regulations 2002 shall be amended by the deletion of the word “same” from the definition of “qualified teacher” in regulation 2 and by the deletion from regulation 7(1)(c) of the words “included in the pilot scheme”.
Stephen Timms
Minister of State,
Department for Education and Skills
19th March 2002


text:
1
This Order may be cited as the Broomfield Agricultural College (Dissolution) Order 2002 and shall come into force on 1st March 2002.
2
On 1st March 2002 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Derby College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st March 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were the 1st March 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Derby College.
Margaret Hodge
Minister of State,
Department for Education and Skills
8th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Islington Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Islington Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Islington Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Loss of Benefit) (Consequential Amendments) Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Severe Disability Premium
2
1
At the end of —
a
paragraph 13 of Schedule 2 to the Income Support Regulations ;
b
paragraph 13 of Schedule 2 to the Housing Benefit Regulations ;
c
paragraph 14 of Schedule 1 to the Council Tax Benefit Regulations ,
(which relate to severe disability premium), there shall be added the following sub-paragraph —
5
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
.
2
In Schedule 1 to the Jobseeker’s Allowance Regulations —
a
at the end of paragraph 15 (severe disability premium), there shall be added the following sub-paragraph —
9
In sub-paragraphs (1)(c) and (2)(d), references to a person being in receipt of an invalid care allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
;
b
at the end of paragraph 20I (severe disability premium), there shall be added the following sub-paragraph —
7
In sub-paragraph (1)(d), the reference to a person being in receipt of an invalid care allowance shall include a reference to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
.
Amendment of the Social Security (Credits) Regulations 1975
3
In the Social Security (Credits) Regulations 1975 —
a
in regulation 7A(1) (credits for invalid care allowance), after the words “paid to him,”, there shall be inserted the words “or would be paid to him but for a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)”;
b
in regulation 8A(2)(d) (credits for unemployment), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Income Support Regulations
4
At the end of paragraph 4(b) of Schedule 1B to the Income Support Regulations (prescribed categories of person — person caring for another), there shall be added the words “or would be in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001 (loss of benefit provisions)”.
Amendment of the Housing Benefit Regulations and of the Council Tax Benefit Regulations
5
In regulation 2(3A)(d) of both the Housing Benefit Regulations and the Council Tax Benefit Regulations (interpretation), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Social Security (Back to Work Bonus) ( No. 2) Regulations 1996
6
In regulation 3(1) of the Social Security (Back to Work Bonus) (No. 2) Regulations 1996 (period of entitlement to a qualifying benefit: further provisions), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Jobseeker’s Allowance Regulations
7
In regulation 47(4)(b)(ii) of the Jobseeker’s Allowance Regulations (jobseeking period), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
8
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 —
a
after regulation 3(8A) (revision of decisions), there shall be inserted the following paragraph —
8B
Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(j) or (k) may be revised at any time.
;
b
after regulation 6(2)(i) (supersession of decisions), there shall be added the following sub-paragraphs —
j
is a decision of the Secretary of State that a sanctionable benefit is payable to a claimant where that benefit ceases to be payable or falls to be reduced under section 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the same meaning as in section 7 of that Act;
k
is a decision of the Secretary of State that a joint-claim jobseeker’s allowance is payable where that allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.
;
c
after regulation 7(27) (date from which a decision superseded under section 10 takes effect), there shall be added the following paragraph —
28
A decision to which regulation 6(2)(j) or (k) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 7 of the Social Security Fraud Act 2001 .
.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
9
In the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 —
a
after regulation 4(7) (revision of decisions), there shall be inserted the following paragraph —
7A
Where a court convicts a person of an offence, that conviction results in a restriction being imposed under section 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions) and that conviction is quashed or set aside by that or any other court, a decision of the relevant authority made in accordance with regulation 7(2)(g) or (h) may be revised at any time.
;
b
after regulation 7(2)(f) (decisions superseding earlier decisions), there shall be added the following sub-paragraphs —
g
which is affected by a decision of the Secretary of State that a sanctionable benefit payable to a claimant ceases to be payable or falls to be reduced under section 7 or 9 of the Social Security Fraud Act 2001 and for this purpose “sanctionable benefit” has the same meaning as in section 7 of that Act; or
h
which is affected by a decision of the Secretary of State that a joint-claim jobseeker’s allowance ceases to be payable or falls to be reduced under section 8 of the Social Security Fraud Act 2001.
;
c
after regulation 8(8) (date from which a decision superseding an earlier decision takes effect), there shall be added the following paragraph —
9
A decision to which regulation 7(2)(g) or (h) applies shall take effect from the first day of the disqualification period prescribed for the purposes of section 7 of the Social Security Fraud Act 2001.
.
Amendment of the Discretionary Financial Assistance Regulations 2001
10
In regulation 3(1) of the Discretionary Financial Assistance Regulations 2001 (circumstances in which discretionary housing payments may be made), after the words “Child Support, Pensions and Social Security Act 2000” there shall be inserted the words “or section 7, 8 or 9 of the Social Security Fraud Act 2001”.
Amendment of the Social Security (Breach of Community Order) Regulations 2001
11
In regulation 3 of the Social Security (Breach of Community Order) Regulations 2001 (prescribed period) —
a
in paragraph (3), for “(5) and (6)” there shall be substituted “(5), (6) and (6A)”;
b
after paragraph (6), there shall be inserted the following paragraph —
6A
For the purposes of paragraph (3), the prescribed period shall not include any week in respect of which a payment of income support is subject to a restriction imposed pursuant to section 7 or 9 of the Social Security Fraud Act 2001.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2002


text:
PART 1
GENERAL
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (Electronic Commerce Directive) Order 2002, and comes into force on the day after the day on which it is made.
PART 2
AMENDMENT OF THE FINANCIAL SERVICES AND MARKETS ACT 2000 (FINANCIAL PROMOTION) ORDER 2001
2
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 is amended as set out in this Part.
Interpretation provisions
3
1
In article 6, at the end insert —
f
“electronic commerce communication” means a communication, the making of which constitutes the provision of an information society service;
g
“incoming electronic commerce communication” means an electronic commerce communication made from an establishment in an EEA State other than the United Kingdom;
h
“outgoing electronic commerce communication” means an electronic commerce communication made from an establishment in the United Kingdom to a person in an EEA State other than the United Kingdom.
.
2
After article 8, insert —
Interpretation: outgoing electronic commerce communications
8A
1
For the purposes of the application of those articles to outgoing electronic commerce communications —
a
any reference in article 48(4)(e), 50(1)(a) or (3)(c) or 52(3)(c) to an authorised person includes a reference to a person who is entitled, under the law of an EEA State other than the United Kingdom, to carry on regulated activities in that State;
b
any reference in article 68, 72 or 73(2)(b) to Part II of the Public Offers of Securities Regulations 1995 includes a reference to provisions corresponding to that Part in the law of an EEA State other than the United Kingdom;
c
any reference in article 48 or 49 to an amount in pounds sterling includes a reference to an equivalent amount in another currency.
2
For the purposes of the application of article 49 to outgoing electronic commerce communications, any reference in section 737 or 264(2) of the 1985 Act (or the equivalent provision in the 1986 Order) to a body corporate or company includes a reference to a body corporate or company registered under the law of an EEA State other than the United Kingdom.
3
For the purposes of the application of articles 63 to 66 to outgoing electronic commerce communications, any reference in article 3 to Part II of the Public Offers of Securities Regulations 1995 includes a reference to provisions corresponding to that Part in the law of an EEA State other than the United Kingdom.
4
For the purposes of the application of article 3 in respect of outgoing electronic commerce communications —
a
any reference in section 163(2)(b) of the 1985 Act (or the equivalent provision in the 1986 Order) to a company includes a reference to a company registered under the law of an EEA State other than the United Kingdom;
b
any reference in that section to an investment exchange includes a reference to an investment exchange which is recognised as an investment exchange under the law of an EEA State other than the United Kingdom.
.
Outgoing electronic commerce communications
4
In article 12 —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (7)”;
b
after paragraph (6), insert —
7
Paragraph (1) does not apply to an outgoing electronic commerce communication.
.
Mere conduits, caching and hosting
5
1
In article 18 —
a
in paragraph (1), at the beginning insert “Subject to paragraph (4),”;
b
at the end, insert —
4
This article does not apply to an electronic commerce communication.
.
2
After article 18, insert —
Electronic commerce communications: mere conduits, caching and hosting
18A
The financial promotion restriction does not apply to an electronic commerce communication in circumstances where —
a
the making of the communication constitutes the provision of an information society service of a kind falling within paragraph 1 of Article 12, 13 or 14 of the electronic commerce directive (“mere conduit”, “caching” and “hosting”); and
b
the conditions mentioned in the paragraph in question, to the extent that they are applicable at the time of, or prior to, the making of the communication, are or have been met at that time.
.
Incoming electronic commerce communications
6
After article 20A, insert —
Incoming electronic commerce communications
20B
1
The financial promotion restriction does not apply to an incoming electronic commerce communication.
2
Paragraph (1) does not apply to —
a
a communication which constitutes an advertisement by the operator of a UCITS Directive scheme of units in that scheme;
b
a communication consisting of an invitation or inducement to enter into a contract of insurance, where —
i
the communication is made by an undertaking which has received official authorisation in accordance with Article 6 of the first life insurance directive or the first non-life insurance directive, and
ii
the insurance falls within the scope of any of the insurance directives; or
c
an unsolicited communication made by electronic mail.
3
In this article, “UCITS Directive scheme” means an undertaking for collective investment in transferable securities which is subject to Directive 85/611/ EEC of the Council of the European Communities of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities , and has been authorised in accordance with Article 4 of that Directive.
4
For the purposes of this article, a communication by electronic mail is to be regarded as unsolicited, unless it is made in response to an express request from the recipient of the communication.
.
PART 3
AMENDMENT OF THE FINANCIAL SERVICES AND MARKETS ACT 2000 (PROMOTION OF COLLECTIVE INVESTMENT SCHEMES) (EXEMPTIONS) ORDER 2001
7
The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 is amended as set out in this Part.
Interpretation provisions
8
1
In article 3, at the end insert —
f
“electronic commerce communication” means a communication, the making of which constitutes the provision of an information society service;
g
“incoming electronic commerce communication” means an electronic commerce communication made from an establishment in an EEA State other than the United Kingdom;
h
“outgoing electronic commerce communication” means an electronic commerce communication made from an establishment in the United Kingdom to a person in an EEA State other than the United Kingdom.
.
2
After article 5, insert —
Interpretation: outgoing electronic commerce communications
5A
1
For the purposes of the application of those articles to outgoing electronic commerce communications —
a
any reference in article 21(4)(d) or 23(1)(a) or (3)(d) to an authorised person includes a reference to a person who is entitled, under the law of an EEA State other than the United Kingdom, to carry on regulated activities in that State;
b
any reference in article 21 or 22 to an amount in pounds sterling includes a reference to an equivalent amount in another currency.
2
For the purposes of the application of article 22 to outgoing electronic commerce communications, any reference in section 737 or 264(2) of the Companies Act 1985 (or the equivalent provision in the Companies (Northern Ireland) Order 1986 ) to a company includes a reference to a company registered under the law of an EEA State other than the United Kingdom.
.
Outgoing electronic commerce communications
9
In article 8 —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (7)”;
b
after paragraph (6), insert —
7
Paragraph (1) does not apply to an outgoing electronic commerce communication.
.
Incoming electronic commerce communications
10
After article 10, insert —
Incoming electronic commerce communications
10A
1
The scheme promotion restriction does not apply to an incoming electronic commerce communication.
2
Paragraph (1) does not apply to —
a
a communication which constitutes an advertisement by the operator of a UCITS Directive scheme of units in that scheme; or
b
an unsolicited communication made by electronic mail.
3
In this article, “UCITS Directive scheme” means an undertaking for collective investment in transferable securities which is subject to Directive 85/611/EEC of the Council of the European Communities of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities , and has been authorised in accordance with Article 4 of that Directive.
4
For the purposes of this article, a communication by electronic mail is to be regarded as unsolicited, unless it is made in response to an express request from the recipient of the communication.
.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
20th August 2002


text:
1
1
These Regulations may be cited as the Security of Pathogens and Toxins (Exceptions to Dangerous Substances) Regulations 2002 and shall come into force on 31st May 2002.
2
In these Regulations:
“ the Act ” means the Anti-terrorism, Crime and Security Act 2001;
“animal” includes a bird, fish or arthropod;
“dangerous substance” has the same meaning as in Part 7 of the Act (by virtue of section 58(4));
“pathogen” means a substance for the time being mentioned in Schedule 5 to the Act other than a toxin; and
“toxin” means a substance for the time being mentioned under that heading in Schedule 5 to the Act.
2
1
Where any of the conditions or group of conditions set out in paragraphs (2) to (5) is satisfied, something which would otherwise fall within section 58(4)(a) of the Act is not to be regarded as a dangerous substance.
2
In the case of a pathogen or toxin, those conditions are:
a
that it exists in the form of, or is included in, a medicinal product; or
b
that it is an immunological product intended to diagnose whether a state of immunity to certain diseases exists in human beings or animals.
3
In the case of a pathogen, those conditions are:
a
that it is modified for use to be administered to one or more human beings or animals for a medicinal purpose; or
b
that it is kept in such a way that it is no longer in a state that will allow it to be propagated; or
c
that it is kept —
i
as part of a clinical specimen for diagnostic purposes, and
ii
for no longer than is reasonably practicable for its disposal after the time when the diagnosis has been made.
4
In the case of a toxin which is neither a botulinum toxin nor a clostridium perfringens toxin (other than clostridium perfringens alphatoxin), those conditions are:
a
that, in the case of premises which are not divided into secure parts, the amount of the toxin in question kept at any particular premises does not exceed 5 milligrams (whether or not the amount of that toxin taken together with any other toxin at those premises exceeds that amount); or
b
that the amount of the toxin in question kept at any particular secure part of any premises does not exceed 5 milligrams (whether or not the amount of that toxin taken together with either —
i
any other toxin kept at the same secure part, or
ii
the same or any other toxin kept at another secure part of the premises in question,
exceeds that amount).
5
In the case of any toxin, those conditions are:
a
that it exists only as an immunotoxin; or
b
that it has not been deliberately isolated or extracted from its natural source.
6
In this regulation:
“administer” has the same meaning as in section 130(9) of the Medicines Act 1968 ;
“immunotoxin” means a conjugate of one cell specific monoclonal antibody and a toxin or subunit of a toxin, that selectively affects diseased cells;
“medicinal product” means any substance or article which is held in a form which is ready to be administered to one or more human beings or animals for a medicinal purpose;
“medicinal purpose” has the same meaning as in section 130(2) of the Medicines Act 1968; and
“secure part”, in relation to premises, means a part of the premises which is securely divided from any other part of the premises at which a toxin is kept.
3
1
Where the condition set out in paragraph (2) is satisfied, a pathogen which would otherwise fall within section 58(4)(b) of the Act is not to be regarded as a dangerous substance.
2
Subject to paragraph (3), that condition is that the substance for the time being mentioned in Schedule 5 to the Act infects or is otherwise carried by:
a
any animal, alive or dead, or anything which is or was a part of it;
b
any human corpse, or any part of it;
c
any food or food source within the meaning of the Food Safety Act 1990 ; or
d
any feeding stuff.
3
Paragraph (2) does not apply if the occupier of the premises where any of the things set out in sub-paragraphs (a) to (d) of that paragraph is kept:
a
knows or ought reasonably to have known that the thing in question had been deliberately infected by a pathogen or that it otherwise carries a pathogen as a result of a deliberate act, and
b
keeps the thing in question for longer than is reasonably necessary for its disposal.
4
In paragraph (2)(d) “feeding stuff” means —
a
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
b
a product derived from the industrial processing of such a product; or
c
an organic or inorganic substance, used simply or in a mixture,
whether or not containing additives, for oral feeding to animals.
John Denham
Minister of State
Home Office
4th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sunderland 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 Sunderland Health Authority ;
“the new Trust” means the Sunderland Teaching Primary Care 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 18th March 2002 and on behalf of the new Trust on 21st March 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
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Personal Injury Payments) Regulations 2002 and shall come into force on 28th October 2002.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Capital treated as income
2
There shall be added as —
a
regulation 25(5) of the Council Tax Benefit Regulations ;
b
regulation 34(5) of the Housing Benefit Regulations ;
c
regulation 41(7) of the Income Support Regulations ;
d
regulation 104(6) of the Jobseeker’s Allowance Regulations ,
(which relate to capital treated as income), the following paragraph —
Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodical payments, any such periodical payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.
.
Disregard of personal injury payments as income
3
1
In each of the provisions specified in paragraph (2) below —
a
in sub-paragraph (1), for the words “charitable payment or of any voluntary payment” there shall be substituted the words “relevant payment”;
b
in sub-paragraph (2), for the words “charitable payment or voluntary payment” there shall be substituted the words “relevant payment”;
c
in sub-paragraph (4), for the words “charitable or voluntary payments” there shall be substituted the words “relevant payments”;
d
after sub-paragraph (5), there shall be added as sub-paragraph (6) in the provisions specified in paragraph (2)(a) and (b) below and as sub-paragraph (5A) in the provisions specified in paragraph (2)(c) and (d) below, the following sub-paragraph —
In this paragraph, “relevant payment” means —
a charitable payment;
a voluntary payment;
a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;
a payment under an annuity purchased —
pursuant to any agreement or court order to make payments to the claimant; or
from funds derived from a payment made,
in consequence of any personal injury to the claimant; or
a payment (not falling within sub-paragraphs (a) to (d) above) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant.
2
The provisions specified for the purposes of paragraph (1) above (which relate to sums to be disregarded in the calculation of income other than earnings) are —
a
paragraph 13 of Schedule 4 to the Council Tax Benefit Regulations ;
b
paragraph 13 of Schedule 4 to the Housing Benefit Regulations ;
c
paragraph 15 of Schedule 9 to the Income Support Regulations ;
d
paragraph 15 of Schedule 7 to the Jobseeker’s Allowance Regulations .
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
23rd September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 and shall come into force on the day after that on which they are made.
Interpretation
2
In these Regulations, and in any provision as applied by these Regulations —
“the 2000 Act ” means the Local Government Act 2000;
“the PPER Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“the RP Act 2000 ” means the Representation of the People Act 2000 ;
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 1986 Regulations ” means the Representation of the People Regulations 1986 ;
“the Elections Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“the European Parliamentary Elections Rules ” means the rules set out in the European Parliamentary Elections Regulations 1999 ;
“the GLA Elections Rules ” means the Greater London Authority Elections ( No. 2) Rules 2000 ;
“the Mayoral Elections Rules ” means the Rules set out in Schedule 1 to these Regulations;
“the Parliamentary Elections Rules ” means the rules set out in Schedule 1 to the 1983 Act;
“the Referendums Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001 ;
“further referendum” means a referendum held in pursuance of an order under regulation 21(3) of the Referendums Regulations; and
“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972 .
Conduct of mayoral elections
3
1
An election for the return of an elected mayor shall be conducted in accordance with the Rules set out in Schedule 1 to these Regulations (“the Mayoral Elections Rules”).
2
The PPER Act, the RP Act 2000, the Representation of the People Act 1985, the 1986 Regulations, the Elections Regulations and, subject to regulations 5 and 6, the 1983 Act, shall have effect —
a
in relation to a mayoral election in England, as they have effect in relation to an election of councillors for any county electoral division or district or London borough ward;
b
in relation to a mayoral election in Wales, as they have effect in relation to an election of councillors for any county electoral division or county borough ward,
subject to the modifications set out in Schedule 2 to these Regulations.
Forms
4
1
Subject to paragraph (2), the Appendix (forms) to the Mayoral Elections Rules shall have effect for the purposes of the application of those Rules.
2
Form 2 of the forms set out in the Appendix shall have effect for the purposes of the application of those Rules in England only.
Combination of polls
5
1
Where the poll at a mayoral election is taken together with the poll at one or more of —
a
a parliamentary election,
b
a European Parliamentary election,
c
an election of councillors of the council of a county, a county borough, a district or a London borough,
d
a GLA election, and
e
a referendum under the Referendums Regulations (including a further referendum),
such of the Regulations and Rules listed in paragraph (2) as are applicable to the election or referendum concerned (other than the mayoral election) shall have effect in relation to the mayoral election; but the provisions specified in column (1) of Part I of Schedule 3 to these Regulations shall have effect subject to the modifications set out in column (2) of that Part.
2
The Regulations and Rules mentioned in paragraph (1) are —
a
the 1986 Regulations,
b
the European Parliamentary Elections Regulations 1999 (including the European Parliamentary Elections Rules),
c
the Elections Regulations,
d
the Referendums Regulations,
e
the Parliamentary Elections Rules,
f
the Local Elections (Principal Areas) Rules 1986 ,
g
the Local Elections (Parishes and Communities) Rules 1986 , and
h
the GLA Elections Rules.
3
Where —
a
polls are combined as mentioned in paragraph (1); or
b
the poll at a mayoral election is combined with the poll at another mayoral election,
the Mayoral Elections Rules shall have effect subject to the modifications set out in Part II of Schedule 3, except that the first of those modifications shall apply only where the poll at the mayoral election is taken together with the poll at a parliamentary or European Parliamentary election.
4
Where polls are combined as mentioned in paragraph (3), the ballot papers to be used at each election or, as the case may be, the election and the referendum, shall be of a different colour.
Questioning of mayoral elections
6
For the purposes of section 44(4) of the 2000 Act, Part III (legal proceedings) of the 1983 Act shall have effect in relation to the questioning of an election for the return of an elected mayor as it has effect in relation to the questioning of an election under the local government Act .
Free delivery of election addresses
7
1
Each candidate at a mayoral election shall be entitled (subject to and in accordance with the provisions of Schedule 4 to these Regulations) to have an election address prepared on behalf of the candidate included in a booklet of election addresses —
a
prepared by the returning officer; and
b
delivered by that officer to each person entitled to vote at that election .
2
Candidates' election addresses shall be delivered at the expense of the authority for whose electoral area the election is held.
3
Schedule 4 to these Regulations (which makes provision supplementing paragraph (1) above) shall have effect.
4
In this regulation —
“electoral area” —
in relation to a mayoral election in England, means the county, district or London borough in which the election is held;
in relation to a mayoral election in Wales, means the county or county borough in which the election is held; and
“returning officer”, in relation to a mayoral election, means —
the proper officer of the London borough concerned or, as the case may be, the person appointed as the returning officer for the election in accordance with subsection (1) or (1A) of section 35 (returning officers: local elections in England and Wales) of the 1983 Act; and
any person appointed under subsection (4) of that Act by a person of a description mentioned in paragraph (a).
Amendment of the Local Elections (Principal Areas) Rules 1986
8
The Local Elections (Principal Areas) Rules 1986 are amended, in paragraph 14 of Schedule 4, in the inserted paragraph (1A) of rule 37, by the insertion, after “an election under the Greater London Authority Elections Rules 2000,” of “or the Mayoral Elections Rules”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State
Department for Transport, Local Government and the Regions
31st January 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Nottingham) Order 2002 and shall come into force on 1st October 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Nottingham with the exception of the M1 motorway for the whole of its length in the City of Nottingham.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
30th July 2002


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 2002.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 2002 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent. £ £
0 247,000 NIL 247,000 — 40
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2002


text:
Citation and commencement
1
This Order may be cited as the Easington and Seaham Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Easington and Seaham Education Action Zone” means the Education Action Zone established by the Easington and Seaham Education Action Zone Order 1999 .
The extension of the Easington and Seaham Education Action Zone
3
The Easington and Seaham Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002


text:
Citation and commencement
1
This Order may be cited as the Primary Care Trusts (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
Amendment of Primary Care Trust (Establishment) Orders
2
1
Each of the Primary Care Trust (Establishment) Orders listed in the Schedule shall be amended as follows.
2
In paragraph (2) of Article 1 (citation, commencement and interpretation) —
a
the definition of “Executive Committee” shall be omitted;
b
for the definition of “member”, “officer member” and “non-officer member” there shall be substituted —
“member” has the meaning given in regulation 1(2) of the Membership Regulations;
.
3
Article 4 (members of the trust) shall be omitted.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
1
1
This Order may be cited as the Damages for Bereavement (Variation of Sum) (England and Wales) Order 2002 and shall come into force on 1st April 2002.
2
This Order shall apply only to causes of action which accrue on or after 1st April 2002.
2
In section 1A(3) of the Fatal Accidents Act 1976, for “£7,500” there shall be substituted “£10,000”.
Irvine of Lairg, C.
11th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Crawley Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Crawley Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Crawley Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes Order 2002 and shall come into force on 29th July 2002.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (nn) there shall be inserted —
oo
the programme known as the Waste Minimisation and Recycling Programme;
pp
the Carbon Trust;
.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
26th June 2002


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002 and shall come into force on 4th November 2002.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002;
“relevant decision” means any decision made after 31st August 1994 by the teacher in charge of a pupil referral unit to exclude a pupil permanently (which includes a decision that any exclusion of a pupil for a fixed period should be made permanent), pursuant to paragraph 7 of Schedule 1 to the 1996 Act or paragraph 7 of Schedule 18 to the Education Act 1993 ;
“relevant person” means —
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
Appeal against permanent exclusion from a pupil referral unit
3
1
This regulation prescribes for the purposes of section 52(7) of the 2002 Act the person who may appeal to an appeal panel against a decision to permanently exclude a pupil from a pupil referral unit.
2
The person prescribed is the relevant person in relation to any pupil who is the subject of a relevant decision.
Action to be taken by the teacher in charge of a pupil referral unit
4
1
Subject to paragraph (2), where the teacher in charge of a pupil referral unit excludes any pupil permanently on or after the day on which these Regulations come into force, the teacher in charge shall forthwith —
a
give the relevant person notice in writing referring to that decision and stating the following matters —
i
the reasons for the decision,
ii
his right to appeal against the decision,
iii
the person to whom he should give any notice of appeal,
iv
that any notice of appeal must contain the grounds of appeal, and
v
the last day on which an appeal may be made.
b
inform the local education authority that the pupil is being permanently excluded and the reasons for it.
2
This regulation shall not apply to any relevant decision made before the day on which these Regulations come into force.
Arrangements for appeals against permanent exclusion of pupils
5
1
Subject to paragraph (2), a local education authority shall make arrangements in accordance with these Regulations for enabling a relevant person to appeal against any relevant decision.
2
No appeal may be made in relation to any relevant decision to which regulation 4(2) applies unless notice in writing setting out the grounds of appeal is given by the relevant person to the local education authority no later than 30 school days after the day on which these Regulations come into force.
Application of existing legislation
6
1
Subject to paragraph (2), Schedule 18 to the 1998 Act shall apply with the modifications prescribed in the Schedule to these Regulations in relation to any appeal against a relevant decision pursuant to arrangements made under regulation 5.
2
In relation to any relevant decision made before the day on which these Regulations come into force, paragraph 1(1) of Schedule 18 to the 1998 Act as modified by these Regulations shall not apply.
Decision of appeal panel to be binding
7
The decision of an appeal panel on an appeal pursuant to arrangements made under regulation 5 shall be binding on the relevant person, the teacher in charge and the local education authority.
Direction to reinstate a pupil
8
Where on an appeal pursuant to these Regulations an appeal panel determines that the pupil in question should not have been permanently excluded, the appeal panel shall either —
a
direct that he is to be reinstated (either immediately or by a date specified in the direction); or
b
in cases where it would not be practical to give a direction requiring his reinstatement, determine that it would otherwise have been appropriate to give such a direction.
Regard to guidance
9
A teacher in charge of a pupil referral unit, a local education authority or an appeal panel discharging any function conferred by or under these Regulations and the 1998 Act (as modified by these Regulations) shall have regard to guidance given by the Secretary of State.
Stephen Twigg
Parliamentary Under-Secretary of State,
Department for Education and Skills
8th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire 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 Cheshire Community Healthcare National Health Service Trust ;
“the new Trust” means the Central Cheshire Primary Care 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 both the old Trust and the new Trust on 31st January 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 and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2002 and shall come into force on 2nd April 2002.
2
In these Regulations “the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 6 of the Claims and Payments Regulations
2
1
Regulation 6 of the Claims and Payments Regulations (date of claim) shall be amended in accordance with the following paragraphs.
2
In paragraph (16)(b) for the word “payable” there shall be substituted the word “awarded”.
3
In paragraph (17)(c) after the words “the claimant” there shall be inserted the words “, a member of his family or the disabled person”.
4
In paragraph (18) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
a claim for the qualifying benefit was made not later than 10 working days after the date of the original claim and the claim for the qualifying benefit had not been decided;
b
after the original claim had been decided the claim for the qualifying benefit had been decided in favour of the claimant, a member of his family or the disabled person; and
.
5
In paragraph (19)(b) for the words “again becomes payable” there shall be substituted the words “is re-awarded”.
6
In paragraph (21)(a) for the words “the claimant’s or the disabled person’s favour” there shall be substituted the words “favour of the claimant, a member of his family or the disabled person”.
7
In paragraph (22) —
a
after the words “paragraphs (16) to (21)” there shall be inserted the words “and (30)”;
b
in the definition of “qualifying benefit”, in paragraph (d), after the words “any other relevant benefit which” there shall be inserted the words “, when it is awarded or re-awarded,”; and
c
after the definition of “the disabled person” there shall be added the following definition —
“family” has the same meaning as in section 137(1) of the Contributions and Benefits Act or, as the case may be, section 35(1) of the Jobseekers Act .
.
8
After paragraph (29) there shall be added the following paragraph —
30
Where —
a
a claimant was awarded income support or income-based jobseeker’s allowance (“the original award”);
b
the original award was terminated and not later than 10 working days after the termination, the claimant, a member of his family or the disabled person claimed a qualifying benefit; and
c
the claimant makes a further claim for income support or income-based jobseeker’s allowance within 3 months of the date on which the claim for the qualifying benefit was decided,
the further claim shall be treated as made on the date of termination of the original award or the first date in respect of which the qualifying benefit is awarded, whichever is the later.
.
Amendment of regulation 19 of the Claims and Payments Regulations
3
1
Regulation 19 of the Claims and Payments Regulations (time for claiming benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph (4)(a) after the word “any” there shall be inserted the words “one or more”.
3
In paragraph (6) for the words from “where-” to the end of the paragraph there shall be substituted the words —
where the claim is not made within the time specified for that benefit in Schedule 4, the prescribed time for claiming the benefit shall be extended, subject to a maximum extension of one month, to the date on which the claim is made, where —
any one or more of the circumstances specified in paragraph (7) applies or has applied to the claimant; and
as a result of that circumstance or those circumstances the claimant could not reasonably have been expected to make the claim earlier.
.
4
In paragraph (7)(d) —
a
after the words “the claimant” in the first place where they occur, there shall be inserted the words “or, in the case of income support or jobseeker’s allowance, the claimant or his partner”; and
b
after the words “the claimant” in the second place where they occur, there shall be inserted the words “or his partner, as the case may be,”.
Amendment of the Decisions and Appeals Regulations
4
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with the following paragraphs.
2
For regulation 3(7) (revision of decisions) there shall be substituted the following paragraph —
7
Where —
a
the Secretary of State or an officer of the Board makes a decision under section 8 or 10 awarding a relevant benefit to a claimant (“the original award”); and
b
an award of another relevant benefit or of an increase in the rate of another relevant benefit is made to the claimant or a member of his family for a period which includes the date on which the original award took effect,
the Secretary of State or an officer of the Board, as the case may require, may revise the original award.
.
3
In regulation 6(2)(e)(ii) (supersession of decisions) —
a
for the words “on a date after that entitlement arises” there shall be substituted the words “subsequent to the first day of the period to which that entitlement relates”; and
b
the words “, and is paid,” shall be omitted.
4
For regulation 7(7) (date from which a decision superseded under section 10 takes effect) there shall be substituted the following paragraph —
7
A decision which is superseded in accordance with regulation 6(2)(e) shall be superseded from the date on which entitlement arises to the other relevant benefit referred to in regulation 6(2)(e)(ii) or to an increase in the rate of that other relevant benefit.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th February 2002
Dave Hartnett
Ann Chant
Two of the Commissioners of Inland Revenue
26th February 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the South Stoke Primary Care Trust (Establishment) Amendment (No. 2) Order 2002 and shall come into force on 16th May 2002.
2
In this Order —
“ the Order ” means the South Stoke Primary Care Trust (Establishment) Order ; and
“ the trust ” means the trust established by the Order.
Amendment of the Schedule to the Principal Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraph.
2
For the entry for the City of Stoke on Trent, there shall be substituted the following entry:
Blurton; Caverswall; Fenton; Hanley West and Shelton; Hartshill and Penkhull; Longton North; Longton South; Meir Park and Sandon; Stoke and Trent Vale; Trentham and Hanford; Weston and Meir North.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
9th May 2002


text:
Citation and commencement
1
This Order may be cited as the Wolverhampton Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Wolverhampton Education Action Zone” means the Education Action Zone established by the Wolverhampton Education Action Zone Order 1999 .
The extension of the Wolverhampton Education Action Zone
3
The Wolverhampton Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002


text:
Title, extent, commencement and cessation
1
1
This Order may be cited as the Animal Gatherings (Interim Measures) (England) Order 2002 and extends to England only.
2
It shall come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Interpretation
2
In this Order, unless the context otherwise requires:
“animal gathering” means an occasion at which animals are brought together for the purposes of —
sale;
show;
exhibition;
onward consignment for slaughter within Great Britain; or
in the case of store cattle, onward consignment within Great Britain for further rearing or finishing,
and includes the reception or temporary detention of those animals; and
“approved disinfectant” means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978 as being approved for the time being for use under general orders.
The use of premises for animal gatherings
3
1
Subject to article 4 below, no person shall use premises for an animal gathering —
a
in contravention of the provisions of the Schedule to this Order; and
b
unless those premises are licensed for that purpose by a veterinary inspector.
2
The licence referred to in paragraph (1) above —
a
shall be in writing;
b
may be amended, suspended or revoked by a notice in writing issued by a veterinary inspector; and
c
may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the premises to which the licence relates.
Exceptions to article 3
4
1
Article 3 above shall not apply where —
a
all the animals attending the gathering are owned by the same person and have the same keeper; and
b
the animal gathering is to take place on premises owned or occupied by the owner of the animals.
2
For the purposes of this article “keeper” means the person with principal responsibility for the day to day care and management of the animals.
Enforcement
5
Except where otherwise provided, this Order shall be enforced by the local authority.
The Markets, Sales and Lairs Order 1925
6
The Markets, Sales and Lairs Order 1925 shall not apply while this Order is in force.
Lord Whitty
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
10 a.m. on 5th February 2002


text:
Name and commencement
1
1
This Order is called the Neath Port Talbot and Swansea (Trebanos and Clydach) Order 2002.
2
This Order shall come into force on 6th April 2002, 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 Neath Port Talbot and Swansea (Trebanos and Clydach) Order 2002” and deposited in accordance with Regulation 5 of the Regulations 1976;
“Neath Port Talbot” (“ Castell-nedd Port Talbot ”) means the County Borough of Neath Port Talbot;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 as amended ;
“Swansea” (“ Abertawe ”) means the City and County of Swansea.
Changes in Principal and Community Areas
3
That part of Neath Port Talbot which is in the Trebanos ward in the community of Pontardawe which is shown hatched in black on the boundary map (which includes those properties numbered 162 to 172 Pontardawe Road) shall be separated from that county borough and community and shall form part of the Clydach ward in the community of Clydach in Swansea.
Signed on behalf of the National Assembly for Wales
Rhodri Morgan
First Minister
5th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Warrant Enforcement Staff Pensions Order 2002.
2
This Order shall come into force on 15th May 2002 but article 2 shall have effect from 1st April 2001.
Continuation of pension scheme membership of warrant enforcement staff
2
1
For the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs), the persons described in paragraph (2) are to be regarded as continuing to be members of the metropolitan civil staffs.
2
The persons referred to in paragraph (1) are persons —
a
who on 31st March 2001 were employed by the Metropolitan Police Authority in the warrant enforcement function; and
b
who were transferred to the Greater London Magistrates' Courts Authority on 1st April 2001.
3
Where payments are made by the Metropolitan Police Authority pursuant to section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 in relation to persons described in paragraph (2), the Greater London Magistrates' Courts Authority shall reimburse the Metropolitan Police Authority for such payments and for the reasonable administrative costs of making such payments.
John Denham
Minister of State
Home Office
10th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Amendment Order 2002 and, shall come into force on 4th July 2002.
2
In this Order —
“ the Order ” means the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002 .
Amendment of article 2 of the Order
2
In article 2 of the Order for “Cambridgeshire and Peterborough National Health Service Trust” there shall be substituted “Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust”.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under-Secretary of State
Department of Health
26th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Elmbridge and Mid Surrey Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the East Elmbridge and Mid Surrey Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the East Elmbridge and Mid Surrey Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 11) Order 2002.
2
The provisions of the Immigration and Asylum Act 1999 specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Filkin
Parliamentary Under-Secretary of State
Home Office
15th November 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2002 and shall come into force on 1st July 2002.
2
This Order extends to England only.
Interpretation
2
In this Order —
“the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Changes to article 1: Interpretation
3
In article 1(2) of the 1995 Order —
a
after the definition of “outline planning permission” insert —
“planning obligation” means an obligation entered into by agreement or otherwise by any person interested in land pursuant to section 106 of the Act ;
; and
b
after the definition of “reserved matters” insert —
“section 278 agreement” means an agreement entered into pursuant to section 278 of the Highways Act 1980 ;
.
Changes to article 25: Register of applications
4
In article 25 of the 1995 Order —
1
Delete paragraph (3) and substitute the following —
3
Part I of the register shall contain in respect of each such application and any application for approval of reserved matters made in respect of an outline planning permission granted on such an application, made or sent to the local planning register authority and not finally disposed of —
a
a copy (which may be photographic) of the application together with any accompanying plans and drawings;
b
a copy (which may be photographic) of any planning obligation or section 278 agreement proposed or entered into in connection with the application;
c
a copy (which may be photographic) of any other planning obligation or section 278 agreement entered into in respect of the land the subject of the application which the applicant considers relevant; and
d
particulars of any modification to any planning obligation or section 278 agreement included in Part I of the register in accordance with sub-paragraphs (b) and (c) above.
2
After paragraph (4)(e) insert —
f
a copy (which may be photographic) of any planning obligation or section 278 agreement entered into in connection with any decision of the local planning authority or the Secretary of State in respect of the application;
g
a copy (which may be photographic) of any other planning obligation or section 278 agreement taken into account by the local planning authority or the Secretary of State when making the decision; and
h
particulars of any modification to or discharge of any planning obligation or section 278 agreement included in Part II of the register in accordance with sub-paragraphs (f) and (g) above and paragraph (5) below.
.
3
In paragraph (5) after “effect of the Secretary of State’s decision” insert —
together with a copy (which may be photographic) of —
any planning obligation or section 278 agreement entered into in connection with the decision; and
any other planning obligation or section 278 agreement taken into account by the Secretary of State when making the decision.
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Falconer
Minister of State,
Department for Transport, Local Government and the Regions
26th March 2002


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Nurses Agencies Regulations 2002 and shall come into force on 1st April 2003.
2
These Regulations apply to nurses agencies in England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“agency” means a nurses agency;
“nurse” means a registered nurse, registered midwife or registered health visitor ;
“ NHS trust” has the same meaning as in the National Health Service and Community Care Act 1990 ;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“patient” means a person to whom nursing is provided by a nurse supplied by an agency;
“registered manager”, in relation to an agency, means a person who is registered under Part II of the Act as the manager of that agency;
“registered person”, in relation to an agency, means any person who is the registered provider or the registered manager of that agency;
“registered provider”, in relation to an agency, means a person who is registered under Part II of the Act as the person carrying on that agency;
“responsible individual” shall be construed in accordance with regulation 7;
“service user” means a person to whom an agency —
supplies a nurse who is employed by the agency; or
provides services for the purpose of supplying the service user with a nurse for employment by that service user;
“service user’s guide” means the written guide produced in accordance with regulation 5;
“statement of purpose” means the written statement compiled in accordance with regulation 4.
2
In these Regulations, references to the supply of a nurse mean —
a
the supply of a nurse who is employed for the purposes of an agency to act for and under the control of another person; and
b
the introduction of a nurse by an agency to a service user for employment by that service user.
3
In the definition of “service user” in paragraphs (1) and (2), the terms “employed” and “employment” include employment under a contract for services.
Excepted agencies
3
For the purposes of the Act, an NHS trust which supplies nurses to work solely for other NHS trusts shall be excepted from being a nurses agency.
Statement of purpose
4
1
The registered person shall compile in relation to the agency a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
2
The registered person shall supply a copy of the statement of purpose to the Commission and shall make a copy of it available on request for inspection by every service user and any person acting on behalf of a service user.
3
Nothing in regulation 20 shall require or authorise the registered person to contravene, or not to comply with —
a
any other provision of these Regulations; or
b
the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.
Service user’s guide
5
1
The registered person shall prepare a service user’s guide which shall include —
a
a summary of the statement of purpose;
b
the terms and conditions in respect of the services to be provided to service users, including as to the amount and method of payment of fees;
c
a summary of the complaints procedure established in accordance with regulation 18; and
d
the address and telephone number of the Commission.
2
The registered person shall make a copy of the service user’s guide available on request for inspection at the agency premises by every service user and any person acting on behalf of a service user.
Review of statement of purpose and service user’s guide
6
The registered person shall —
a
keep under review and, where appropriate, revise the statement of purpose and the service user’s guide; and
b
notify the Commission of any material revision within 28 days.
PART II
REGISTERED PERSONS
Fitness of registered provider
7
1
A person shall not carry on an agency unless she is fit to do so.
2
A person is not fit to carry on an agency unless the person —
a
is an individual, who carries on the agency —
i
otherwise than in partnership with others, and she satisfies the requirements set out in paragraph (3);
ii
in partnership with others, and she and each of her partners satisfies the requirements set out in paragraph (3);
b
is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
c
is an organisation and —
i
the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the agency; and
ii
that individual satisfies the requirements set out in paragraph (3).
3
The requirements are that —
a
she is of integrity and good character;
b
she is physically and mentally fit to carry on the agency; and
c
full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 2.
4
A person shall not carry on an agency if —
a
she has been adjudged bankrupt or sequestration of her estate has been awarded and (in either case) she has not been discharged and the bankruptcy order has not been annulled or rescinded; or
b
she has made a composition or arrangement with her creditors and has not been discharged in respect of it.
Appointment of manager
8
1
The registered provider shall appoint an individual to manage the agency where —
a
there is no registered manager in respect of the agency; and
b
the registered provider —
i
is an organisation or a partnership; or
ii
is not a fit person to manage an agency; or
iii
is not, or does not intend to be, in full-time day to day charge of the agency.
2
Where the registered provider appoints a person to manage the agency, she shall forthwith give notice to the Commission of —
a
the name of the person so appointed; and
b
the date on which the appointment is to take effect.
Fitness of manager
9
1
A person shall not manage an agency unless she is fit to do so.
2
A person is not fit to manage an agency unless —
a
she is of integrity and good character;
b
having regard to the size of the agency, its statement of purpose and the number and needs of the service users —
i
she has the qualifications, skills and experience necessary to manage the agency; and
ii
she is physically and mentally fit to do so; and
c
full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 2.
Registered person — general requirements and training
10
1
The registered provider and the registered manager shall, having regard to the size of the agency, its statement of purpose and the number and needs of the service users, carry on or (as the case may be) manage the agency with sufficient care, competence and skill.
2
If the registered provider is —
a
an individual, she shall undertake;
b
an organisation, it shall ensure that the responsible individual undertakes; or
c
a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that she has the experience and skills necessary for carrying on the agency.
3
The registered manager shall undertake from time to time such training as is appropriate to ensure that she has the experience and skills necessary for managing the agency.
Notification of offences
11
Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, she shall forthwith give notice in writing to the Commission of —
i
the date and place of the conviction;
ii
the offence of which she was convicted; and
iii
the penalty imposed on her in respect of the offence.
PART III
CONDUCT OF NURSES AGENCIES
CHAPTER 1
QUALITY OF SERVICE PROVISION
Fitness of nurses supplied by an agency
12
1
The registered person shall ensure that no nurse is supplied by the agency unless —
a
she is of integrity and good character;
b
she has the qualifications, skills and experience which are necessary for the work which she is to perform;
c
she is physically and mentally fit for that work; and
d
full and satisfactory information is available in relation to her in respect of each of the matters specified in Schedule 3.
2
The registered person shall ensure that the selection of a nurse for supply is made by or under the supervision of a nurse and that full and satisfactory information in respect of each of the matters listed in Schedule 2 is available in relation to the nurse carrying out the selection.
3
The registered person shall ensure that every nurse supplied by the agency acting as an employment business is instructed that when working for a service user she must at all times wear identification showing her name, the name of the agency and a recent photograph.
Policies and procedures
13
1
Paragraphs (2) and (3) apply where an agency acting as an employment business supplies a nurse to provide nursing care in the private residence of a service user or patient.
2
The registered person shall prepare and implement written policies in relation to —
a
ensuring that the services provided to each patient are in accordance with the statement of purpose and meet that patient’s individual needs;
b
the circumstances in which nurses may administer or assist in the administration of a patient’s medication;
c
the other tasks which nurses may or may not perform in connection with a patient’s care, and the tasks which may only be performed if the nurse has received specialist training;
d
arrangements to assist patients with mobility in their homes, where required;
e
measures to protect the safety and property of the patient;
f
arrangements to ensure that the privacy, dignity and wishes of the patient are respected;
g
measures to safeguard the patient against abuse or neglect;
h
measures to safeguard nurses against abuse or other harm;
i
the procedure to be followed after an allegation of abuse, neglect or other harm has been made.
3
The procedure referred to in paragraph (2)(i) shall in particular provide for —
a
written records to be kept of any allegation of abuse, neglect or other harm and of the action taken in response; and
b
the Commission to be notified of any incident reported to the police, not later than 24 hours after the registered person —
i
has reported the matter to the police; or
ii
is informed that the matter has been reported to the police.
4
The registered person shall ensure that any personal information about a patient for whom a nurse is supplied by the agency is not disclosed to any member of the agency’s staff unless it is necessary to do so in order to provide an effective service to the patient.
Staffing
14
1
Where an agency is acting as an employment business, the registered person shall, having regard to the size of the agency, its statement of purpose and the number and needs of the service users, take all reasonable measures to ensure that there is at all times an appropriate number of suitably qualified, skilled and experienced persons employed for the purposes of the agency.
2
The registered person shall ensure that each employee of the agency —
a
receives appropriate supervision; and
b
is provided with a job description outlining her responsibilities.
3
The registered person shall establish a procedure for collecting information from service users about the performance of nurses employed for the purposes of the agency, and shall take such steps as may be necessary to address any aspect of a nurse’s clinical practice.
4
The registered person shall provide to each nurse who is employed for the purposes of the agency a written statement of the terms and conditions on which she will be supplied to work for, and under the control of, a service user.
5
The statement of terms and conditions provided under paragraph (4) shall, in particular, specify the employment status of the nurse.
Staff handbook
15
1
Where the agency is acting as an employment business, the registered person shall prepare a staff handbook and provide a copy to every member of staff.
2
The handbook prepared in accordance with paragraph (1) shall include a statement as to —
a
the conduct expected of staff, and disciplinary action which may be taken against them;
b
the role and responsibilities of nurses and other staff;
c
record keeping requirements;
d
recruitment procedures; and
e
training and development requirements and opportunities.
Provision of information to service users
16
1
The registered person shall ensure that before a nurse is supplied, the service user is informed of —
a
the name of the nurse who is to be supplied and the means of contacting her;
b
the name of the member of staff of the agency who is responsible for the supply of that nurse; and
c
where the agency is acting as an employment business, details of how the service user may contact the registered person, or a person nominated to act on behalf of the registered person.
2
Where the service user is also the patient, the registered person shall ensure that the information specified in paragraph (1) is, where appropriate, provided to the person acting on behalf of the patient.
Records
17
The registered person shall ensure that the records specified in Schedule 4 are maintained and that they are —
a
kept up to date, in good order and in a secure manner; and
b
retained for a period of not less than three years beginning on the date of the last entry.
Complaints
18
1
The registered person shall establish a procedure (“the complaints procedure”) for considering complaints made to the registered person by a service user or a person acting on behalf of the service user.
2
The registered person shall supply a written copy of the complaints procedure to every service user and, upon request, to any person acting on behalf of a service user.
3
The written copy of the complaints procedure shall include —
a
the address and telephone number of the Commission; and
b
the procedure (if any) which has been notified by the Commission to the registered person for making complaints to the Commission relating to the agency.
4
The registered person shall ensure that every complaint made under the complaints procedure is fully investigated.
5
The registered person shall, within the period of 28 days beginning on the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the action (if any) that is to be taken in response.
6
The registered person shall maintain a record of each complaint, including details of the investigation made, the outcome and any action taken in consequence and the requirements of regulation 17 shall apply to that record.
7
The registered person shall supply to the Commission annually a statement containing a summary of the complaints made during the preceding twelve months and the action taken in response.
8
The registered person shall ensure that any evidence of misconduct by a nurse is reported promptly and in writing to the Nursing and Midwifery Council .
Review of quality of service provision
19
1
The registered person shall introduce and maintain a system for reviewing at appropriate intervals the quality of services provided by the agency.
2
The registered person shall supply to the Commission a report in respect of any review conducted by her for the purposes of paragraph (1) and shall make a copy of the report available upon request for inspection by service users and persons acting on behalf of service users.
3
The system referred to in paragraph (1) shall provide for consultation with service users and persons acting on behalf of service users.
CHAPTER 2
PREMISES
Fitness of premises
20
The registered person shall not use premises for the purposes of an agency unless the premises are suitable for the purpose of achieving the aims and objectives of the agency set out in the statement of purpose.
CHAPTER 3
FINANCIAL MATTERS
Financial position
21
1
The registered provider shall carry on the agency in such manner as is likely to ensure that the agency will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The registered person shall, if the Commission so requests, provide the Commission with such information and documents as it may require in order to consider the financial viability of the agency, including —
a
the annual accounts of the agency certified by an accountant; and
b
a certificate of insurance for the registered provider in respect of liability which may be incurred by her in relation to the agency in respect of death, injury, public liability, damage or other loss.
CHAPTER 4
NOTICES TO BE GIVEN TO THE COMMISSION
Notice of absence
22
1
Where —
a
the registered provider, being an individual in full-time day to day charge of the agency; or
b
the registered manager,
proposes to be absent from the agency for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.
2
Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences or within such shorter period as may be agreed with the Commission and the notice shall specify —
a
the length or expected length of the absence;
b
the reason for the absence;
c
the arrangements which have been made for running the agency during that absence;
d
the name, address and qualifications of the person who will be responsible for the agency during that absence; and
e
in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the agency during that absence, including the proposed date by which the appointment is to be made.
3
Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters set out in paragraph (2)(a) to (e).
4
Where —
a
the registered provider, being an individual in full-time day to day charge of the agency; or
b
the registered manager,
has been absent from the agency for a continuous period of 28 days or more, and the Commission has not been given notice of the absence, the registered person shall, without delay, give notice in writing to the Commission of the absence, specifying the matters set out in paragraph (2)(a) to (e).
5
The registered person shall notify the Commission of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of her return.
Notice of changes
23
The registered person shall give notice in writing to the Commission as soon as it is practicable to do so if any of the following events takes place or is proposed to take place —
a
a person other than the registered person carries on or manages the agency;
b
a person ceases to carry on or manage the agency;
c
where the registered person is an individual, she changes her name;
d
where the registered provider is a partnership, there is any change in the membership of the partnership;
e
where the registered provider is an organisation —
i
the name or address of the organisation is changed;
ii
there is any change of director, manager, secretary or other similar officer of the organisation;
iii
there is any change in the identity of the responsible individual;
f
where the registered provider is an individual, a trustee in bankruptcy is appointed;
g
where the registered provider is a company or partnership, a receiver, manager, liquidator or provisional liquidator is appointed; or
h
where the registered provider acquires additional premises for the purposes of the agency.
Appointment of liquidators etc.
24
1
Any person to whom paragraph (2) applies must —
a
forthwith notify the Commission of his appointment indicating the reasons for it;
b
appoint a manager to take full-time day to day charge of the agency in any case where there is no registered manager; and
c
not more than 28 days after his appointment, notify the Commission of his intentions regarding the future operation of the agency.
2
This paragraph applies to any person appointed as —
a
the receiver or manager of the property of a company or partnership which is a registered provider in respect of an agency;
b
the liquidator or provisional liquidator of a company which is the registered provider in respect of an agency;
c
the trustee in bankruptcy of a registered provider in respect of an agency.
Death of registered person
25
1
If more than one person is registered in respect of an agency, and a registered person dies, the surviving registered person shall without delay notify the Commission of the death in writing.
2
If only one person is registered in respect of an agency, and she dies her personal representatives must notify the Commission in writing —
a
without delay of the death; and
b
within 28 days of their intentions regarding the future running of the agency.
3
The personal representatives of the deceased registered provider may carry on the agency without being registered in respect of it —
a
for a period not exceeding 28 days; and
b
for any further period as may be determined in accordance with paragraph (4).
4
The Commission may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Commission shall determine, and shall notify any such determination to the personal representatives in writing.
5
The personal representatives shall appoint a person to take full-time day to day charge of the agency during any period in which, in accordance with paragraph (3), they carry on the agency without being registered in respect of it.
PART IV
MISCELLANEOUS
Compliance with regulations
26
Where there is more than one registered person in respect of an agency, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
Offences
27
1
A contravention or failure to comply with any of the provisions of regulations 4 to 6 and 11 to 23 shall be an offence.
2
The Commission shall not bring proceedings against a person in respect of any contravention or failure to comply with those regulations unless —
a
subject to paragraph (4), she is a registered person;
b
notice has been given to her in accordance with paragraph (3);
c
the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and
d
in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.
3
Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying —
a
in what respect in its opinion the registered person has contravened any of the regulations, or has failed, or is failing, to comply with the requirements of any of those regulations;
b
where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;
c
the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);
d
the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.
4
The Commission may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 17 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.


text:
Citation and commencement
1
These Regulations may be cited as The M60 Motorway (Junction 25) (Speed Limit) Regulations 2002 and shall come into force on 21st October 2002.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the restricted length of the motorway.
2
“the restricted length of the motorway” means the clockwise carriageway of the M60 motorway between Marker Post 52.3 and Marker Post 53.5, a total distance of 1.2 kilometres.
Signed by the authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
18th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk 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 Norfolk Health Authority ;
“the new Trust” means the Norwich Primary Care 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 21st November 2001 and on behalf of the new Trust on 21st and 22nd November 2001.
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 and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 2002.
2
These Regulations shall come into force on 9th August 2002.
Amendment of Regulations
2
Regulation 9A of The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 (“the principal Regulations”) is amended by —
a
inserting a new paragraph after paragraph (3) as follows —
3A
A statement published after 30th September 2002 must also —
a
state the extent to which the administering authority comply with the ten principles of investment practice set out in the document published in April 2002 by CIPFA , the Chartered Institute of Public Finance and Accountancy, and called “CIPFA Pensions Panel Principles for Investment Decision Making in the Local Government Pension Scheme in the United Kingdom (Guidance note issue No. 5)” ; and
b
give the reasons for not complying where they do not do so.
; and
b
in paragraph (4), by substituting for “paragraph (2)” “paragraphs (2) and (3A)”.
Transitional provision
3
Nothing in these Regulations requires an administering authority which has published a statement under regulation 9A of the principal Regulations (as in force immediately before the date on which these Regulations come into force) to prepare a new statement but they must revise the statement which they have published so as to include the matters referred to in regulation 9A(3A) of the principal Regulations and publish the revised statement by 30th September 2002.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
5th July 2002