text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Gloucestershire 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 East Gloucestershire National Health Service Trust ;
“the new Trust” means the Gloucestershire Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 4th December 2001 and on behalf of the new Trust on 20th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
The Order may be cited as the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Code of Practice) Order 2002 and shall come into force on 1st August 2002.
Covert Human Intelligence Sources Code of Practice
2
The draft code of practice entitled “Covert Human Intelligence Sources”, laid before each House of Parliament on 10th June 2002, relating to the conduct and use of covert human intelligence sources under Part II of the 2000 Act, shall come into force on 1st August 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
22nd July 2002


text:
1
This Order may be cited as the Longley Park Sixth Form College (Incorporation) Order 2002 and shall come into force on 1st November 2002 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Longley Park Sixth Form College”, for the purpose of establishing and conducting as from the operative date an educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 6th September 2004, and the corporation shall conduct Longley Park Sixth Form College from that date.
Margaret Hodge
Minister of State,
Department for Education and Skills
7th October 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Working Tax Credit (Payment by Employers) Regulations 2002 and shall come into force on 1st March 2003.
2
These Regulations have effect in relation to payments of working tax credit for periods beginning on or after 6th April 2003.
Interpretation
2
1
In these Regulations —
“amendment notice” shall be construed in accordance with regulation 5(1);
“ the Board ” means the Commissioners of Inland Revenue;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 2001 ;
“emoluments” means any income assessable to income tax under Schedule E;
“employer” and “employee” shall be construed in accordance with section 25(5) of the Tax Credits Act 2002;
“employer’s place of business” means —
the place where the trade, profession, vocation or business of the employer is carried on, or
if the trade, profession, vocation or business of the employer is carried on at more than one place, the head office or the place where it is mainly carried on;
“ Employments Regulations ” means the Income Tax (Employments) Regulations 1993 ;
“income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;
“income tax quarter” means the period beginning on the 6th April and ending on the 5th July in any income tax year, or beginning on the 6th July and ending on the 5th October in that year, or beginning on the 6th October and ending on the 5th January in that year, or beginning on the 6th January and ending on the 5th April in that year;
“income tax year” means a year beginning on 6th April in any year and ending on 5th April in the following year;
“the Management Act ” means the Taxes Management Act 1970 ;
“pay period” means the period by reference to which an employee’s emoluments are paid, whether weekly, monthly or otherwise;
“relevant employer” has the meaning given by regulation 3;
“start notice” shall be construed in accordance with regulation 4(1);
“stop notice” shall be construed in accordance with regulation 12(1);
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 .
2
Any notice given under these Regulations to or by the Board must be in writing.
3
In paragraph (2) “writing” includes writing produced by electronic communications that are approved by the Board.
Definition of “relevant employer”
3
1
In these Regulations “relevant employer” means —
a
an employer who is required, on making any payment of or on account of any income assessable to income tax under Schedule E to any person, to deduct tax in accordance with the Employments Regulations or to deduct contributions in accordance with the Contributions Regulations, or
b
where a person is the employee of more than one such employer, the employer who normally employs the employee for the higher (or highest) number of hours each week.
This is subject to paragraph (2).
2
“Relevant employer” does not include an employer who is authorised to make deductions in accordance with regulation 20 of the Employments Regulations (employee on fixed pay).
Notification to relevant employer of employee’s entitlement to working tax credit (start notice)
4
1
Where an employee of a relevant employer becomes entitled to an amount of working tax credit equal to or exceeding 75 pence per day, the Board shall give notice to the relevant employer of the employee’s entitlement in accordance with paragraphs (2) and (3) (“start notice”).
2
A start notice shall contain the following particulars —
a
the date of issue of the start notice;
b
the name of the employee;
c
the employee’s national insurance number and (if known) his payroll number;
d
the date from which the employer is to be responsible for payment of working tax credit to the employee (“the commencement date”);
e
the daily rate of working tax credit applicable to each calendar day starting with the commencement date, and a table showing the multiples from 1 to 31 of that daily rate;
f
instructions to the employer to pay working tax credit to the employee at the same time that the employer makes a payment of emoluments to the employee.
3
The commencement date contained in the start notice shall not be earlier than the date which is 42 days after the date of issue of the start notice.
Notification to relevant employer of amendment of amount of employee’s entitlement to working tax credit (amendment notice)
5
1
Where —
a
the amount of working tax credit to which an employee is entitled is amended, and
b
the amended amount differs from the previous amount by an amount equal to or exceeding 30 pence per day,
the Board shall give notice to the relevant employer of the amended amount (“amendment notice”).
2
An amendment notice shall contain the following particulars —
a
the date of issue of the amendment notice;
b
the name of the employee;
c
the employee’s national insurance number and (if known) his payroll number;
d
the date from which the employer is to be responsible for payment of the amended amount of working tax credit to the employee (“the commencement date”);
e
the daily rate of the amended amount of working tax credit applicable to each calendar day starting with the commencement date, and a table showing the multiples from 1 to 31 of that daily rate;
f
instructions to the employer to pay the amended amount of working tax credit to the employee at the same time that the employer makes a payment of emoluments to the employee, commencing with the pay period in which the commencement date falls.
3
The commencement date contained in the amendment notice shall not be earlier than the date which is 42 days after the date of issue of the amendment notice.
Relevant employer’s obligation to pay working tax credit
6
1
On receipt of a start notice in respect of an employee the relevant employer must, if he reasonably expects the employee to remain in his employment for three or more consecutive pay periods commencing with the pay period in which the commencement date contained in the start notice falls, take the following steps —
Step One
Calculate the amount of working tax credit which the employee is entitled to be paid for each pay period in respect of which the employer will be responsible for paying working tax credit to the employee in accordance with the start notice.
Step Two
On making any payment of emoluments to the employee in respect of any date falling on or after the commencement date contained in the start notice, pay to the employee the amount of working tax credit to which he is entitled for the pay period in respect of which that payment of emoluments is made.
2
If the relevant employer receives a start notice in respect of an employee but —
a
does not reasonably expect that employee to remain in his employment for three or more consecutive pay periods as mentioned in paragraph (1), or
b
becomes aware before the first date on which a payment of emoluments is due in respect of any date falling on or after the commencement date contained in the start notice that the employee has left his employment, or will leave his employment before the end of the third consecutive pay period,
he must return the start notice to the Board, indicating on the notice his reasons for doing so.
3
On receipt of an amendment notice in respect of an employee the relevant employer must, except where paragraph (4) applies, take the following steps —
Step One
Calculate the amount of working tax credit which the employee is entitled to be paid for each pay period in respect of which the employer will be responsible for paying working tax credit to the employee in accordance with the amendment notice.
Step Two
On making any payment of emoluments to the employee in respect of any date falling on or after the commencement date contained in the amendment notice, pay to the employee the amount of working tax credit to which he is entitled for the pay period in respect of which that payment of emoluments is made.
4
If the relevant employer receives an amendment notice in respect of an employee but becomes aware that the employee will leave his employment before the first date on which he is due to make a payment of emoluments to the employee following the commencement date contained in the amendment notice, he must return the amendment notice to the Board, indicating on the notice his reasons for doing so.
5
The relevant employer must record on the employee’s payslip for any pay period, as a credit described as “tax credit”, the amount of working tax credit paid with the payment of emoluments to which the payslip relates.
6
On making any payment of working tax credit to an employee the relevant employer must record on the deductions working sheet (P 11) for that employee referred to in regulation 38 of the Employments Regulations the amount of the payment (whether or not the employer is required to complete the deductions working sheet for the purposes of that regulation or of the Contributions Regulations).
7
The relevant employer must record on the certificate (P60) referred to in regulation 39 of the Employments Regulations the total amount of working tax credit paid to each employee for the income tax year to which the certificate relates (whether or not the employer is required to complete the certificate for the purposes of that regulation or of the Contributions Regulations).
8
The relevant employer must record on the return (P35) referred to in regulation 43 of the Employments Regulations the total amount of working tax credit paid by him for the income tax year to which the return relates.
9
The relevant employer must record on the particulars (P14) referred to in paragraph (2) of regulation 43 of the Employments Regulations the total amount of working tax credit paid to each employee for the income tax year to which the particulars relate.
10
Where the relevant employer makes a payment of working tax credit to an employee which exceeds the amount which the employee is entitled to be paid in accordance with the particulars contained in the start notice or the amendment notice, the employer may recover from the employee an amount not exceeding the excess.
11
Where no payment of emoluments is due from the relevant employer to an employee for a complete pay period the employer may choose either —
a
not to make any payment of working tax credit to the employee for that period, or
b
to continue to pay working tax credit to the employee for that period as if he had made a payment of emoluments in that period.
12
Where the relevant employer chooses not to make any payment of working tax credit to an employee for a pay period in the circumstances mentioned in paragraph (11), he must, not later than 7 days following the end of that pay period, inform the Board that he has made no payment of working tax credit for that pay period.
13
No payment of working tax credit shall be capable of attachment under any enactment, or may be used by way of set-off or otherwise reduced, extinguished or terminated except in accordance with these Regulations.
14
Where the relevant employer fails to make payments of working tax credit to an employee in accordance with paragraph (1) or (3), the Board shall make payments of working tax credit to that employee.
Funding of payment of working tax credit
7
1
In this regulation —
“amount A” is the total amount of tax which the relevant employer is required to pay to the collector of taxes in respect of deductions from the emoluments of his employees in accordance with the Employments Regulations for an income tax month or income tax quarter (“the relevant period”);
“amount B” is the total amount of deductions made by the relevant employer from the emoluments of his employees for the relevant period in accordance with regulations made under section 22(5) of the Teaching and Higher Education Act 1998 , section 73B(3) of the Education (Scotland) Act 1980 , or Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998 (student loan repayments);
“amount C” is the total amount of earnings-related contributions which the relevant employer is required to pay to the collector of taxes in respect of the emoluments of his employees for the relevant period (whether by means of deduction or otherwise) in accordance with the Contributions Regulations;
“amount D” is the total amount of deductions which as a contractor the relevant employer is required to make from payments to which section 559 of the Taxes Act applies in accordance with the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 for the relevant period.
2
The relevant employer shall fund payment of working tax credit for the relevant period in accordance with the following rules.
Rule 1
The relevant employer shall fund any payment of working tax credit for the relevant period from amount A for that period. Amount A shall accordingly be reduced by the amount of working tax credit which the employer has paid in respect of that period.
Rule 2
If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds amount A for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A and amount B for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period.
Rule 3
If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A and amount B for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A, amount B and amount C for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period.
Rule 4
If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A, amount B and amount C for that period, the employer shall fund payment of working tax credit for that period (or so much of the payment as remains outstanding) from the aggregate of amount A, amount B, amount C and amount D for that period. That aggregate shall accordingly be reduced by the amount used to fund payment of working tax credit for that period.
Rule 5
If the total amount of working tax credit which the relevant employer is required to pay for the relevant period exceeds the aggregate of amount A, amount B, amount C and amount D for that period, the employer may apply to the Board in accordance with regulation 8 to fund payment of working tax credit for that period (or so much of the payment as remains outstanding).
3
References in paragraph (1) to the total amount in the case of each of amount A, amount B, amount C and amount D are references to that total amount unreduced by any other amount which the relevant employer is entitled by virtue of any enactment to set off against that total amount.
Application for funding
8
1
Where —
a
rule 5 stated in regulation 7(2) applies, or
b
the relevant employer considers that that rule will apply on the date of any subsequent payment of emoluments to one or more employees who are entitled to working tax credit,
the employer, or an agent authorised by him for that purpose, may apply to the Board for funding on a form provided, or in a form in writing that is approved, by the Board.
2
For the purposes of paragraph (1) “writing” includes writing produced by electronic communications that are approved by the Board.
3
If the relevant employer’s application is accepted the Board shall pay to the employer such amount as the Board may determine in the circumstances to be reasonable having regard to all relevant matters including —
a
the past obligations and the likely future obligations of the employer under the enactments referred to in regulation 7(1) (definitions of “amount A”, “amount B”, “amount C” and “amount D”), and
b
the obligations of the employer under any start notice or amendment notice issued to him to make payments of working tax credit, and his fulfilment of those obligations.
4
The Board may vary the amount payable in accordance with paragraph (3), or may make a determination superseding that amount, if it has become inappropriate for any reason or they have reason to believe that it was incorrect at the time it was determined as payable in accordance with that paragraph.
5
The Board shall notify the employer of —
a
their decision on an application under paragraph (1),
b
the amount determined under paragraph (3), and
c
any variation or supersession of that amount under paragraph (4).
6
An employer may appeal to the General Commissioners against —
a
the Board’s refusal of an application under paragraph (1),
b
the amount determined under paragraph (3), or
c
any variation or supersession of that amount under paragraph (4).
7
An appeal under paragraph (6) shall be made by giving notice to the Board within thirty days of the issue of the Board’s notification under paragraph (5).
8
An appeal under paragraph (6) shall be heard by the General Commissioners for the division in which the employer’s place of business is situated.
9
The provisions of Part V of the Management Act and of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 shall apply with any necessary modifications to an appeal under paragraph (6) as they apply to appeals against assessments.
10
On appeal the General Commissioners, having regard to the matters referred to in paragraph (3), may —
a
confirm the Board’s refusal of an application under paragraph (1), or allow the appeal against that refusal,
b
confirm, increase or reduce the amount determined under paragraph (3), or
c
confirm, increase or reduce any variation or supersession of that amount under paragraph (4).
11
Subject to paragraph (9), the determination of the General Commissioners shall be final.
12
Where —
a
an employer appeals to the General Commissioners under paragraph (6), and
b
the General Commissioners determine the appropriate amount of funding in a sum which exceeds the amount determined as payable under paragraph (3), or that amount as varied or superseded under paragraph (4),
the Board shall pay to the employer the amount of the excess.
13
An amount which is paid to an employer by the Board under paragraph (12) shall carry interest at the rate applicable under section 178 of the Finance Act 1989 for the purposes of section 824 or, as the case may be, section 826 of the Taxes Act from the date on which the condition in Rule 5 of regulation 7(2) is satisfied until payment.
14
Funds provided to an employer by the Board in accordance with this regulation shall be for the purpose only of payment by that employer of working tax credit under Step Two of regulation 6(1) or (3) to one or more employees.
Renewal of funding
9
1
Where —
a
the Board have provided a relevant employer with funds in accordance with regulation 8 in an income tax year, and
b
the employer’s entitlement to receive funding from the Board has not terminated in accordance with regulation 11,
the Board shall, following the end of that year, send to the relevant employer a form for renewal of funding (“renewal form”) containing details relating to the funding of payments of working tax credit made by him.
2
Not later than 30 days following the date of issue of the renewal form, the relevant employer must return the form to the Board signed by him and either confirming that the details recorded on the form are correct as at the date of issue or amending the details if they are not so correct.
Notification of change of circumstances by relevant employer in receipt of funding
10
If, in the course of an income tax year, as a result of a change of circumstances, whether in relation to the amount of funding requested or otherwise, any of the details recorded on an application for funding under regulation 8, or on a renewal form under regulation 9, cease to be correct, the relevant employer may give notice to the Board, on a form provided by the Board for that purpose, amending those details.
Termination of funding
11
1
The Board shall continue to provide a relevant employer with funds in accordance with regulation 8 until the occurrence of any of the events specified in paragraph (2).
2
The events are —
a
a request by the relevant employer that the Board should discontinue providing him with funds;
b
the failure by the relevant employer to return to the Board within the time stated in regulation 9 (2) a renewal form duly signed and completed;
c
the failure by the relevant employer to respond to attempts by the Board on more than one occasion to contact him in relation to the provision of funds to him.
Termination of relevant employer’s obligation to pay working tax credit (stop notice)
12
1
The relevant employer must continue to make payments of working tax credit to an employee in accordance with a start notice or an amendment notice issued to him until —
a
the death of the employee,
b
the employee ceases to be employed by the employer otherwise than by reason of the employee’s death, or
c
a stop notice is issued by the Board to the employer notifying the employer to cease payment of working tax credit to the employee.
2
A stop notice under paragraph (1)(c) shall contain the following particulars —
a
the date of issue of the stop notice;
b
the name of the employee concerned;
c
the employee’s national insurance number and (if known) his payroll number;
d
the latest date for which working tax credit is payable to the employee (“the latest payable date”).
3
Except where an earlier date has been agreed between the Board and the relevant employer, the latest payable date for the purposes of paragraph (2)(d) shall not be earlier than 42 days after the date of issue of the stop notice.
4
The relevant employer shall not pay working tax credit to the employee after the latest payable date.
This is subject to paragraph (5).
5
The relevant employer may, after the latest payable date, make a payment of working tax credit that is outstanding at that date in respect of the pay period in which the latest payable date falls.
6
A stop notice shall be effective in respect of an employee unless and until a new start notice is issued by the Board to the relevant employer in respect of that employee.
7
Where the relevant employer —
a
makes a payment of working tax credit in respect of any day after the date of death of the employee, and
b
subsequently becomes aware that the employee has died,
he must inform the Board, not later than 7 days after becoming aware of the employee’s death, of the latest day for which he has paid working tax credit in respect of the employee.
8
Where the relevant employer —
a
makes a payment of working tax credit in respect of any day after the employee ceases to be employed by the employer otherwise than by reason of the employee’s death, and
b
subsequently becomes aware that the employee has left his employment,
he must inform the Board, not later than 7 days after becoming aware that the employee has left his employment, of the latest day for which he has paid working tax credit in respect of the employee.
9
Where the employee dies and the relevant employer has not made payments of working tax credit up to the date of death in accordance with paragraph (1), the Board shall pay to the employee’s personal representatives the amount of working tax credit outstanding at the date of death.
Temporary break in relevant employer’s payment of working tax credit (emergency stop notice and restart notice)
13
1
Where the relevant employer —
a
having commenced to make payments of working tax credit in accordance with regulation 6(1) or (3), subsequently fails to pay an amount of working tax credit to an employee in accordance with that regulation, or
b
chooses in the circumstances referred to in regulation 6(11) not to make a payment of working tax credit to an employee, and
c
in either case reaches agreement with the Board as to the date from which he is to resume making payments of working tax credit to the employee,
the Board shall take the action specified in paragraphs (2) to (4).
2
The Board shall give notice to the relevant employer confirming that the employer has ceased to make payments of working tax credit to the employee concerned (“emergency stop notice”).
3
The Board shall in addition give notice to the relevant employer confirming the date from which the employer is to resume making payments of working tax credit to that employee (“restart notice”).
4
The Board shall pay to the employee the amount of working tax credit to which he is entitled until the relevant employer resumes making payments of working tax credit to the employee.
5
An emergency stop notice under paragraph (2) shall contain the following particulars —
a
the date of issue of the notice;
b
the name of the employee;
c
the employee’s national insurance number and (if known) his payroll number;
d
the commencement date referred to in regulation 4(2)(d) or (as the case may be) regulation 5(2)(d);
e
the latest date for which working tax credit is payable to the employee.
6
A restart notice under paragraph (3) shall contain the following particulars —
a
the date of issue of the notice;
b
the name of the employee;
c
the employee’s national insurance number and (if known) his payroll number;
d
the date from which the employer is to resume making payments of working tax credit to the employee (“restart date”);
e
the daily rate of working tax credit applicable to each calendar day starting with the restart date, and a table showing the multiples from 1 to 31 of that daily rate.
7
Regulation 6(1) and (5) to (10) applies in relation to the receipt by the relevant employer of a restart notice under this regulation as it applies to the receipt by him of a start notice.
8
Where the relevant employer fails to resume making payments of working tax credit to the employee in accordance with paragraph (3), the Board shall continue to make payments of working tax credit to the employee.
Determination of working tax credit funding to be repaid
14
1
This regulation applies where funds have been provided to the employer under regulation 8 in respect of one or more employees and it appears to an officer of the Board that the employer has not used the whole or part of those funds to pay working tax credit.
2
The officer of the Board shall determine to the best of his judgment the amount of funds provided under regulation 8 and not used to pay working tax credit and shall serve notice of his determination on the employer.
3
A determination under this regulation may cover funds provided under regulation 8 —
a
for any one pay period, or more than one pay period, in an income tax year, and
b
in respect of a class or classes of employees specified in the notice of determination (without naming the individual employees), or in respect of one or more employees named in the notice of determination.
4
Subject to the following provisions of this regulation, the following enactments shall apply with any necessary modifications to a determination under this regulation as if it were an assessment and as if the amount of funds determined were income tax charged on the employer —
Part IV of the Management Act (assessment and claims),
Part V of the Management Act (appeals and other proceedings), except section 55,
Part VI of the Management Act (collection and recovery),
the General Commissioners (Jurisdiction and Procedure) Regulations 1994 ,
the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 .
5
An appeal against a determination under this regulation that is to be brought before the General Commissioners pursuant to paragraph (4) shall be brought before the General Commissioners for the division in which the employer’s place of business is situated.
6
Where an amount of funds determined under this regulation relates to more than one employee, proceedings may be brought for the recovery of that amount without distinguishing the amounts making up that sum which the employer is liable to repay in respect of each employee and without specifying the employees in question, and the amount determined under this regulation shall be one cause of action or one matter of complaint for the purposes of proceedings under section 65, 66 or 67 of the Management Act .
7
Nothing in paragraph (6) prevents the bringing of separate proceedings for the recovery of any amount which the employer is liable to repay in respect of each employee.
Inspection of employer’s records
15
1
For the purpose of enabling the Board to be satisfied whether a relevant employer is complying with the provisions of these Regulations, he must, whenever called upon to do so by an authorised officer of the Board, produce the records specified in paragraph (2) to that officer for inspection, at such time as that officer may reasonably require and at the prescribed place.
2
The records are —
a
all wages sheets, deductions working sheets and other documents and records of any kind or description relating to the calculation or payment of the tax credits of his employees in respect of the tax years or income tax months specified by the authorised officer, or
b
such of those wages sheets, deductions working sheets or other documents and records as may be specified by the authorised officer.
3
The prescribed place for the purposes of paragraph (1) means —
a
such place in the United Kingdom as the employer and the authorised officer may agree upon, or
b
in default of such agreement, the place in the United Kingdom at which the documents and records referred to in paragraph (2)(a) are normally kept, or
c
in default of such agreement and if there is no such place as is referred to in subparagraph (b), the employer’s principal place of business in the United Kingdom.
4
The authorised officer may —
a
take copies of, or make extracts from, any document produced to him for inspection in accordance with paragraphs (1) and (2), and
b
remove any document so produced if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period.
5
Where any document is removed in accordance with paragraph (4)(b), the authorised officer shall provide a receipt for that document.
6
Where any document is removed in accordance with paragraph (4)(b) that is reasonably required for the proper conduct of a business, the authorised officer shall, not later than seven days following the date on which the document was removed, provide a copy of the document, free of charge, to the person by whom it was produced or caused to be produced.
7
Where a lien is claimed on a document produced in accordance with paragraphs (1) and (2), the removal of the document in accordance with paragraph (4)(b) shall not be regarded as breaking the lien.
8
Where records are maintained by computer, the person required to produce them for inspection must provide the authorised officer with all facilities necessary for obtaining information from them.
9
For the purposes of paragraphs (1) and (2), the employer must retain the wages sheets, deductions working sheets and other documents and records referred to in those paragraphs for not less than three years after the end of the income tax year to which they relate.
Dave Hartnett
Ann Chant
Two of the Commissioners of Inland Revenue
20th August 2002
The Scottish Ministers consent to the making of these Regulations
James Wallace
Deputy First Minister and Minister for Justice A member of the Scottish Executive
19th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Building (Amendment) (No. 2) Regulations 2002 and shall come into force —
a
for the purposes of regulation 2(8) and Schedule 1, on 1st March 2003;
b
for the purposes of regulation 2(7), insofar as the amendment made by that paragraph requires the carrying out of sound insulation testing in relation to the erection of a dwelling-house or a building containing flats, 1st January 2004; and
c
for all other purposes, on 1st July 2003.
Amendment of the Building Regulations 2000
2
1
The Building Regulations 2000 (“the principal Regulations ”) are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “public body’s notice” insert —
“room for residential purposes” means a room, or suite of rooms, which is not a dwelling-house or flat and which is used by one or more persons to live and sleep in, including rooms in hotels, hostels, boarding houses, halls of residence and residential homes but not including rooms in hospitals, or other similar establishments, used for patient accommodation;
.
3
In regulation 5 (meaning of material change of use)
a
in paragraph (f) omit “or”
b
after paragraph (g) add —
h
the building contains a room for residential purposes, where previously it did not; or
i
the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously.
.
4
In regulation 6 (requirements relating to material change of use) —
a
in paragraph (1)(d) omit “and”;
b
in paragraph (1)(e) for the words “regulation 5(a), (b) or (g)” substitute “regulation 5(a), (b), (c), (g), (h) or (i)”;
c
after paragraph (1)(e) insert —
f
in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools).
;
d
in paragraph (2)(b) for “or (e)” substitute “, (e) or (f)”.
5
For regulation 8 (limitation on requirements) substitute —
Limitation on requirements
8
Parts A to D, F to K and N (except for paragraphs H2 and J6) of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).
.
6
In regulation 20(1) (supervision of building work otherwise than by local authorities) for “and 19” substitute “, 19 and 20A”.
7
After regulation 20 insert —
Sound insulation testing
20A
1
This regulation applies to —
a
building work in relation to which paragraph El of Schedule 1 imposes a requirement; and
b
work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(e) or 6(2)(b).
2
Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph El of Schedule 1 —
a
ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and
b
give a copy of the results of the testing referred to in sub-paragraph (a) to the local authority.
3
The results of the testing referred to in paragraph (2)(a) shall be —
a
recorded in a manner approved by the Secretary of State; and
b
given to the local authority in accordance with paragraph (2)(b) not later than the date on which the notice required by regulation 15(4) is given.
.
8
For Part B of Schedule 1 (fire safety) substitute the Part set out in Schedule 1 to these Regulations.
9
For Part E of Schedule 1 (resistance to the passage of sound) substitute the Part set out in Schedule 2 to these Regulations.
Transitional provisions
3
1
Paragraphs (2) to (5) apply for the purposes of the amendments made to the principal Regulations other than that which comes into force on 1st March 2003 (“the amendments”).
2
Subject to paragraph (3), where before 1st July 2003 building work has commenced in accordance with —
a
a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations; or
b
an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2) respectively of the Building Act 1984 (“ the Act ”),
the principal Regulations shall continue to apply to that building work as if the amendments had not been made.
3
Where an initial notice given before 1st July 2003 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.
4
Where before 1st July 2003 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date —
a
given notice under section 16(6) of the Act that they have passed those plans without conditions; or
b
signified in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,
the principal Regulations shall continue to apply to that building work as if the amendments had not been made, whether or not the building work departs from those plans.
5
Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st July 2003 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations shall continue to apply to that building work as if the amendments had not been made, whether or not the building work departs from those plans.
4
1
Paragraph (2) applies for the purpose of the amendment made to the principal Regulations which comes into force on 1st January 2004 (“the amendment”).
2
Where before 1st January 2004 building work which consists of the erection of a dwelling-house or a building containing flats has commenced in accordance with a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations, the principal Regulations shall continue to apply to that building work as if the amendment had not been made.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
16th November 2002


text:
Name, commencement and interpretation
1
1
This Order is called the County Borough of Newport (Electoral Changes) Order 2002.
2
This Order will come into force:
a
for the purposes of proceedings, preliminary or relating to any election to be held on the 6th May 2004, on the 9th October 2003, and
b
for all other purposes, on 6th May 2004.
3
In this Order —
“the Act” (“ y Ddeddf ”) means the Local Government Act 1972;
“electoral division” (“ adran etholiadol ”) means an electoral division of the County Borough of Newport as constituted by the County Borough of Newport Electoral Arrangements Order 1994 .
Electoral Divisions
2
1
The existing electoral divisions of the County Borough of Newport specified in the Schedule to the County Borough of Newport Electoral Arrangements Order 1994 are abolished.
2
For the purposes of the elections of councillors for the County Borough of Newport, that County Borough shall be divided into 20 electoral divisions bearing the names specified in column (1) of the Schedule to this order, and each such electoral division shall comprise the area specified in column (2) of that Schedule.
3
The number of councillors to be returned for each such electoral division shall be the number specified in relation to the division in column (3) of the Schedule to this Order.
Register of Local Government Electors
3
The registration officer shall make such re-arrangements or adaptation of the register of local government electors as may be necessary due to the coming into force of this Order.
Signed on behalf of the National Assembly for Wales
E.Hart
Minister for Local Government, Finance and Communities
6th December 2002


text:
PART 1
INTRODUCTION
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002
2
These Regulations shall come into force on 1 st January 2003.
Application
2
1
Subject to paragraph (2), these Regulations shall apply to the practice of a regulated profession whether in an employed or a self-employed capacity.
2
These Regulations shall not apply to —
a
any profession the mutual recognition of qualifications in which is the subject of one of the directives of the European Community listed in Part 1 of Schedule 1;
b
any activity the taking up or pursuit of which in a self-employed capacity or, as the case may be, a self-employed or employed capacity is the subject of one or more of the directives listed in Part 2 of Schedule 1; or
c
any profession the taking up or pursuit of which is regulated pursuant to an instrument listed in Part 3 of Schedule 1.
Interpretation
3
1
In these Regulations the following words and phrases have the following meanings (and cognate expressions shall be construed accordingly) —
“adaptation period” has the meaning given to it by Regulation 15(2);
“another relevant State” means a relevant State other than the United Kingdom;
“appeal body” means —
in relation to a profession listed in the first column of the table in paragraph 1 of Schedule 4 to the First General System Regulations , the body, court or person there specified;
in relation to a profession for the time being listed in Column 1 of the table in Schedule 3 to these Regulations, the body, court or person specified in Column 2 of that table;
in any other case, a county court or a sheriff court;
“aptitude test” has the meaning given to it by Regulation 15(3);
“Attestation of Competence” has the meaning given to it by Regulation 7;
“competent authority” has the meaning given to it by Regulation 8;
“Certificate” has the meaning given to it by Regulation 6;
“designated authority” has the meaning given to it by Regulation 9;
“Diploma” means a First or Second General System Diploma;
“evidence of professional experience” has the meaning given to it by Regulation 15(1);
“First General System Diploma” means a Diploma within the meaning of Regulation 2 of First General System Regulations;
“First General System Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 1991 ;
“holder” means a person to whom a competent authority has awarded evidence of education and training;
“home relevant State” means, as the case requires, the relevant State from which a migrant originates or comes or in which the migrant obtained his evidence of education and training or formerly practised;
“migrant” means a person seeking authorisation to practise pursuant to these Regulations who is a national of a relevant State and whose home relevant State in one or more of the senses of that expression, is not the United Kingdom;
“practice”, in relation to any regulated professional activity or regulated profession within the meaning of Regulation 4 includes —
the taking up or pursuit of that activity or that profession in a relevant State, whether in a self-employed capacity or as an employed person; and
in the course of such pursuit —
the use of a professional title or designatory letters; and
the enjoyment of the benefit of the status associated with membership of the profession;
“profession” includes occupation and trade;
“professional association” means an association or organisation, recognised in special form by a relevant State, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end —
prescribes, and enforces respect within its membership for, rules of professional conduct; and
awards evidence of education and training to its members; and
confers on its members the right to use one or more professional titles, or designatory letters or to benefit from a status corresponding to that education and training;
“regulated education and training” has the meaning given to it by Regulation 4(3);
“regulated profession” has the meaning given to it by Regulation 4(1);
“regulated professional activity” has the meaning given to it in Regulation 4(2);
“relevant State” means a member State, Iceland, Norway, Liechtenstein or Switzerland;
“Second General System Diploma” has the meaning given to it by Regulation 5;
“third country” means a country other than a relevant State.
2
A reference in these Regulations to “the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
3
In these Regulations, the expressions “ UK Diploma”, “UK Certificate”, “UK Attestation of Competence”, “UK attestation of general education” and “UK qualification” mean, respectively, the Diploma, Certificate, Attestation of Competence, attestation of general education or qualification to possession of which the practice of the regulated profession in question is subject in the United Kingdom.
4
For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.
Regulated Profession, Regulated Professional Activity and Regulated Education and Training
4
1
For the purposes of these Regulations, a profession is regulated —
a
in the United Kingdom —
i
if it is, or a professional title or designatory letters associated with the pursuit of the profession is or are, listed in Schedule 1 to the First General System Regulations or in Schedule 2 to these Regulations; or
ii
at any time when it is not so listed, if and in so far as any professional activity or range of such activities which constitutes the profession is regulated within the meaning of paragraph (2);
b
in another relevant State if and in so far as any professional activity or range of such activities which constitutes the profession is regulated within the meaning of paragraph (2).
2
For the purposes of these Regulations, a professional activity is regulated in a relevant State if and in so far as —
a
the practice, or any mode of practice, of that activity in that relevant State is subject, directly or indirectly, by virtue of laws, regulations or administrative provisions, to the possession of evidence of education and training or an Attestation of Competence; or
b
it is practised under a professional title or designatory letters the use of which is reserved to holders of evidence of education and training or an Attestation of Competence governed by laws, regulations or administrative provisions; or
c
it relates to health and the remuneration or reimbursement received for the practice of the activity in the relevant State in question is, by virtue of national arrangements for the administration of social security, subject to the possession of evidence of education and training or an Attestation of Competence; or
d
it is practised by members of a professional association.
3
For the purposes of these Regulations, education and training is regulated if —
a
it is listed in Schedule 5; or
b
it is specifically geared to the pursuit of a given profession in a relevant State, and comprises a course or courses complemented where appropriate by professional training or probationary or professional practice the structure and level of which are determined by the laws, regulations or administrative provisions of that relevant State or which are monitored or approved by the competent authority.
Definition of “Second General System Diploma”
5
1
In these Regulations, “Second General System Diploma” means any evidence of education and training received in accordance with paragraph (3), or any set of such evidence, which has been awarded by a competent authority in a relevant State and which shows that the holder has successfully completed either —
a
a post-secondary course such as is described in paragraph (4) and the professional training which may be required in addition to that course; or
b
one of the courses listed in Schedule 6
and has the professional qualifications required for the practice of a regulated profession in that relevant State.
2
Any evidence of education and training, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which —
a
shows that the holder has successfully completed education and training received in the Community and recognised by a competent authority in that relevant State as being at a level equivalent to education and training satisfying paragraph (1); and
b
confers the same rights in respect of the practice of the regulated profession in that relevant State
shall, for the purposes of these Regulations, be treated in the same way as a Second General System Diploma.
3
The education and training referred to in paragraph (1) will have been received wholly or mainly —
a
in the Community; or
b
outside the Community at teaching establishments which provide education and training in accordance with the laws, regulations or administrative provisions of a relevant State; or
c
if neither (a) nor (b) is the case, in a third country, provided that the holder has at least three years' professional experience certified by a relevant State which recognised evidence of education and training from that country.
4
A post-secondary course of the kind referred to in paragraph (1) will have been one —
a
which, if pursued full-time, was of at least one year’s duration or, if pursued part-time, was of equivalent duration; and
b
one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education,
but will not have been a course of three or more years' duration if pursued full-time, or of an equivalent duration if pursued part-time, completed at a university or establishment of higher education or another establishment of similar level.
Definition of “Certificate”
6
1
In these Regulations, “Certificate” means any evidence of education and training received in accordance with paragraph (3), or any set of such evidence, which has been awarded by a competent authority in a relevant State and which shows that the holder either —
a
followed a secondary course of a technical or vocational nature of a kind which renders it unnecessary to complete any further course of education and training of the kind described in paragraph (4) or probationary or professional practice; or
b
in any other case, after having followed a secondary course has completed either —
i
a course of education and training such as is described in paragraph (4) and, where appropriate, the probationary or professional practice which may be required in addition to that course, or
ii
the probationary or professional practice required in addition to the secondary course;
and that the holder has the professional qualifications required for the practice of a regulated profession in that relevant State.
2
The education and training referred to in paragraph (1) will have been received wholly or mainly —
a
in the Community; or
b
outside the Community at teaching establishments which provide education and training in accordance with the laws, regulations or administrative provisions of a relevant State, or otherwise; or
c
in a third country, provided that the holder has at least two years' professional experience certified by a relevant State which recognised evidence of education and training from that country.
3
A course of education and training of the kind referred to in paragraph (1)(a) or (1)(b) will have been provided either —
a
at an educational or training establishment; or
b
on the job; or
c
in a combination of (a) and (b)
but will not be a post-secondary course of the kind evidenced by a First or a Second General System Diploma.
4
Any evidence of education and training, or any set of such evidence, which has been awarded by a competent authority in a relevant State and which —
a
shows that the holder has successfully completed education and training received in the Community and recognised by a competent authority in that relevant State as being of equivalent level to education and training satisfying paragraph (1); and
b
confers the same rights in respect of the practice of the regulated profession in that relevant State
shall, for the purposes of these Regulations, be treated in the same way as a Certificate.
Definition of “Attestation of Competence”
7
1
In these Regulations, an “Attestation of Competence” means any evidence of qualifications either —
a
attesting to education and training not forming part of a set constituting a First General System Diploma or a Second General System Diploma or a Certificate; or
b
awarded following an assessment of the holder by reference to the personal qualities, aptitudes or knowledge which a competent authority considers essential for the pursuit of a profession, without proof of prior education and training being required.
PART 2
ADMINISTRATION
Competent Authority
8
1
For the purposes of these Regulations, the expression “competent authority” means —
a
in relation to —
i
any document (including any evidence of education and training or any set of such evidence), statement, attestation or notification,
ii
subject to sub-paragraph (b), any function of deciding, recognising, monitoring or approving,
the authority, body or person in the relevant State in question authorised to issue, make, award or give such document, statement, attestation or notification or invested with such function under the laws, regulations or administrative provisions of that State; and
b
in relation to any profession which is regulated in a relevant State, the person, body or authority in that relevant State invested by any enactment, rule of law, charter, by-law or other rule (however described) governing the conduct of the profession or activity, with the function —
i
of authorising the practice of the profession in that State, or
ii
if no person, body or authority has that function in the case in question, of conferring membership of the professional association for the professional field concerned or the right to the use of certain professional titles or designatory letters or other benefits of such membership.
2
For the purposes of paragraph (1), if in a relevant State a profession is regulated by different persons, bodies or authorities for different parts of the relevant State, the competent authority for that relevant State shall be the person, body or authority which has the function in question for the part of the relevant State in respect of which the identity of the competent authority falls to be determined.
Designated Authorities
9
1
For the purposes of these Regulations, the following shall be regarded as the designated authorities for their profession —
a
in respect of any profession for the time being listed in Schedule 1 to the First General System Regulations, the person, body or authority there specified as the designated authority in relation to that profession;
b
in respect of any profession for the time being listed in Part 1 of Schedule 2 to these Regulations, the person, body or authority there specified as the designated authority in relation to that profession or activity;
c
in respect of any professional title or designatory letters listed for the time being in Part 2 of Schedule 2 to these Regulations, the person, body or authority there specified as the designated authority in relation to that title or those letters.
2
If at any time a profession is regulated within the United Kingdom, or a part of it, but is not listed in one of the ways mentioned in paragraph (1), the designated authority in respect of that profession or, as the case may be, professional activity shall be the competent authority, determined in accordance with Regulation 8(1)(b).
Designated authorities – functions
10
1
Without prejudice to its other powers and functions, a designated authority shall have the functions of considering applications and granting authorisations under these Regulations.
2
If, for purposes other than those of these Regulations, a designated authority has as its function or one of its functions the conferring of a professional title or designatory letters then for the purposes of paragraph (1) as it affects that body the function of authorising the practice of a profession or activity shall include the authorising of the use of that professional title or those designatory letters.
3
Nothing in this Regulation shall be taken to require a designated authority to authorise the practice of any profession save in so far as it has that function in relation to the holders of the relevant UK qualification.
PART 3
RIGHT TO PRACTISE IN THE UNITED KINGDOM
Right to practise – Diploma
11
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of a Diploma one of the conditions for the issue of which is the completion of a post-secondary course of four years' duration or less.
2
Subject to paragraph (3), the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Diploma —
a
in the case in which the UK Diploma is a First General System Diploma, if any one of paragraphs 1(a) or (b) or 2 of Schedule 4 applies;
b
in the case in which the UK Diploma is a Second General System Diploma, if any one of paragraphs 1 to 3 of that Schedule applies.
3
The requirement in paragraph (2) to authorise on the same conditions as those which apply to a holder of the required UK Diploma shall not restrict the right of the designated authority, in the circumstances and on the conditions laid down in Part 4 of these Regulations to require a migrant —
a
to provide evidence of professional experience; or
b
successfully to complete an adaptation period; or
c
to take and pass an aptitude test.
Right to practise – Certificate
12
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of a Certificate.
2
Subject to paragraph (3), the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Certificate if any one of paragraphs 1, 4 or 5 of Schedule 4 applies.
3
The requirement in paragraph (2) to authorise on the same conditions as those which apply to a holder of the required UK Certificate shall not restrict the right of the designated authority, in the circumstances and on the conditions laid down in Part 4 of these Regulations, to require a migrant —
a
successfully to complete an adaptation period; or
b
to take and pass an aptitude test.
Right to practise – Attestation of Competence
13
1
This Regulation applies in any case in which the practice of a profession in the United Kingdom is subject to the possession of an Attestation of Competence.
2
Subject to paragraph (3), the designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of the required UK Attestation of Competence —
a
if the migrant holds at least the Attestation of Competence required in another relevant State for the practice of the same profession; or
b
if the applicant provides proof of other qualifications obtained in other relevant States.
3
The designated authority shall be entitled to satisfy itself that the Attestation of Competence or, as the case may be, other qualifications presented by the migrant are the equivalent of the UK Attestation of Competence in terms of the guarantees (in particular in the matter of health, safety, environmental protection and consumer protection) required of those practising the profession in the United Kingdom by laws, regulations or administrative provisions.
4
In any case in which the designated authority cannot reasonably satisfy itself in the terms of paragraph (3) as to the equivalence of the Attestation of Competence presented by the migrant, the migrant shall be required to comply with such domestic requirements for authorisation as have been laid down for the practice of the profession.
Right to practise – Other cases
14
1
This Regulation applies in any case in which the practice of a profession is subject only to the possession of evidence of education attesting to general education at primary or secondary school level.
2
The designated authority for a profession may not, on the grounds of inadequate qualifications, refuse to authorise a migrant to practise the profession on the same conditions as those which apply to holders of evidence of the required UK attestation of general education if the migrant possesses formal qualifications of the corresponding level or higher satisfying the requirements of paragraph (3).
3
The formal qualifications will satisfy the requirements of this paragraph if they have been awarded by the competent authority in another relevant State.
PART 4
REQUIREMENTS OF EVIDENCE OF PROFESSIONAL EXPERIENCE, ADAPTATION PERIODS AND APTITUDE TESTS
Meaning of evidence of professional experience, adaptation period and aptitude test
15
1
Evidence of professional experience means evidence of the actual and lawful pursuit in a relevant State of a profession corresponding to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom.
2
An adaptation period means, in relation to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom, a period of pursuit of the profession under the supervision of a qualified member of the profession, with or without the undertaking of further education and training with the aim of assessing the ability of the migrant to pursue that profession in the United Kingdom.
3
An aptitude test means, in relation to the regulated profession which the migrant seeks to take up or pursue in the United Kingdom, a test of the migrant’s professional knowledge conducted by the designated authority for the profession with the aim of assessing the ability of the migrant to pursue that profession in the United Kingdom.
Choice of evidence of professional experience, adaptation period or aptitude test
16
1
A designated authority may not in any case in which a migrant had made application to take up or pursue a regulated profession require the migrant to comply with more than one of the following requirements, that is to say —
a
to produce evidence of professional experience;
b
successfully to complete an adaptation period;
c
to take and pass an aptitude test.
2
A designated authority wishing to apply to a migrant a requirement either to complete an adaptation period or to take an aptitude test shall, except in a case provided for as an exception by Regulation 6(2) of, and Schedule 3 to, the First General System Regulations or by paragraph (3), afford the migrant the right to choose between them.
3
In the case of a profession listed in the first column of the table in Schedule 7 the requirement shall be as specified in the second column of that table.
Circumstances in which evidence of professional experience may be required
17
1
Evidence of professional experience may only be required in a case where the duration of education and training adduced by a migrant in support of his application is at least one year less than the duration required of holders of UK Diplomas.
2
Despite paragraph (1) evidence of professional experience may not be required in a case in which the migrant holds either —
a
a First General System Diploma; or
b
a Second General System Diploma evidencing education and training of the kind described in Regulation 5(1)(a)
if the UK Diploma or evidence of education and training required by the designated authority attests to one of the courses of education and training listed in Part 2 of Schedule 6.
Conditions affecting the requirement of evidence of professional experience
18
1
The period of professional experience evidence of which may be required of a migrant shall not exceed the shorter of —
a
in a case in which the shortfall between the duration of the education and training required by the designated authority and the duration of the education and training evidence of which has been adduced by the migrant (“the shortfall”) relates to a post-secondary course, or to a period of probationary practice carried out under the supervision of a qualified member of the profession and ending with an examination, or to both, a period twice the duration of the shortfall;
b
in a case in which the shortfall relates to practice of the profession acquired with the assistance of a qualified member of the profession, a period equal to the shortfall;
c
four years.
2
For the purposes of paragraph (1), in a case in which the UK Diploma evidences a course of education and training listed in Part 2 of Schedule 6 and in which the migrant’s claim to recognition rests on paragraph 9 of Schedule 4, the duration of the education and training of which evidence has adduced by the migrant shall be taken to be the duration of the post-secondary education and training of which it is the recognised equivalent.
3
In a case in which, during the previous ten years, the migrant has pursued the profession either full-time for at least two years or part-time for an equivalent period in another relevant State which does not regulate the profession, the period of professional experience of which evidence may be required under paragraph (1) shall be reduced by the duration of that pursuit.
Circumstances in which an adaptation period or an aptitude test may be required – Diploma
19
1
In a case falling within Regulation 11 other than one in which a migrant’s claim for recognition depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may only (and subject to paragraph (2)) apply to the migrant a requirement to complete an adaptation period or to take an aptitude test if either —
a
although the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom are broadly comparable, the education and training relating to theoretical, or practical, or theoretical and practical matters received by the migrant differs substantially in coverage from that which is evidenced by the required UK Diploma; or
b
in a case in which the migrant meets the requirements of paragraph 1(a) or (b) of Schedule 4, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the regulated profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters evidenced by the Diploma held by the migrant on the one hand and the required UK Diploma on the other; or
c
in any other case, one or more of the regulated professional activities which form the profession in the United Kingdom is or are not included in the profession in the relevant State in which the migrant obtained his qualification and the omission is reflected in substantial differences in education and training in relation to theoretical, or practical, or theoretical and practical matters of which evidence is held by the migrant on the one hand and evidenced by the required UK Diploma on the other.
2
If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test in circumstances mentioned in paragraph (1) it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial differences referred to in —
a
paragraph 1(a) or 1(b); or
b
paragraph 1(a) or 1(c),
as the case may be.
3
In a case falling within Regulation 11 and in which a migrant’s claim to recognition of his right to practise depends upon his ability to meet the requirements of paragraph 1(c) of Schedule 4, a designated authority may (subject to paragraph (4)) apply to the migrant a requirement to complete an adaptation period or to take an aptitude test.
4
If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test in circumstances mentioned in paragraph (3) it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial difference between the Second General System Diploma and the Certificate.
Circumstances in which an adaptation period or an aptitude test may be required – Certificate
20
1
In a case falling within Regulation 12 and in which a migrant’s claim to recognition of his right to practice depends upon his ability to meet the requirements of paragraph 1 or 4 of Schedule 4, a designated authority may only (and subject to paragraph (2)) apply to the migrant a requirement to complete an adaptation period or to take an aptitude test if either —
a
although the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom are broadly comparable, the education and training which the migrant received in relation to theoretical or practical matters, taken as a whole, differs substantially in coverage from that which is evidenced by the UK Certificate; or
b
the fields of activity of the profession in the relevant State in which the migrant obtained his qualification and in the United Kingdom differ and those differences are reflected in substantial differences in education and training in relation to theoretical or practical matters.
2
If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in paragraph (1).
3
In a case falling within Regulation 12 and in which a migrant’s claim to recognition of his right to practise depends upon his ability to meet the requirements of paragraph 5 of Schedule 4, a designated authority may apply to the migrant a requirement to complete an adaptation period or to take an aptitude test.
Conditions affecting the requirement to complete an adaptation period
21
1
The adaptation period shall be the subject of an assessment.
2
Subject to paragraph (3), the designated authority shall lay down the detailed rules governing —
a
the length of the period; and
b
the form of the assessment
and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall notify the migrant of the rules in advance of the migrant’s exercise of that choice.
3
The adaptation period shall not exceed —
a
3 years in duration, in a case falling within Regulation 19; or
b
2 years in duration, in a case falling within Regulation 20.
Conditions affecting the requirement to take an aptitude test
22
1
A designated authority wishing to apply to a migrant the requirement to take an aptitude test shall draw up a list of subjects which, on the basis of a comparison between the education and training required for the practice of the profession by a holder of a UK Diploma or, as the case may be, UK Certificate and the education and training received by the migrant have not been covered by the education and training evidence of which has been produced by the migrant and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall notify the migrant of the contents of the list in advance of his exercise of his choice.
2
The subjects listed pursuant to paragraph (1) may cover theoretical knowledge and practical skills required for the pursuit of the profession.
3
Subject to paragraphs (4) and (5), the detailed application of the aptitude test shall be determined by the designated authority and in any case in which the choice between an adaptation period and an aptitude test rests with the migrant shall be notified to the migrant in advance of his exercise of his choice.
4
The aptitude test shall only consist of —
a
subjects selected from the list drawn up pursuant to paragraph (1), knowledge of which is essential to the pursuit of the profession within the United Kingdom; and
b
if required, a test of the migrant’s knowledge of the professional rules applicable to the activities in question in the United Kingdom.
5
In setting the aptitude test the designated authority shall take appropriate account of the migrant’s status as a qualified professional in the home relevant State.
PART 5
ANCILLARY PROVISIONS
Evidence from competent authorities
23
1
A designated authority shall, in connection with any matter requiring to be established pursuant to Parts 3 and 4, accept as sufficient evidence thereof the documents duly issued by a competent authority of the appropriate relevant State for the purpose of attesting such matters.
2
A designated authority which —
a
requires of an applicant for authorisation to practice proof that he is of good character or repute, or that he has not been declared or adjudged bankrupt, or had a bankruptcy or similar order made against him or in relation to his estate; or
b
suspends or prohibits practice in the event of serious professional misconduct or the commission of a criminal offence;
shall, in respect of a migrant, accept as sufficient evidence in relation to the foregoing the documents duly issued by the competent authorities of the home relevant State showing, in the case of (a), that the relevant conditions are met, or, in the case of (b), that the migrant has committed no such misconduct or offence.
3
In any case in which the competent authorities do not issue such documents as may be required under paragraph (2), the designated authority shall, subject to paragraph (4), accept in the place of such documents a declaration or oath or solemn declaration to the required effect, made by the migrant before a competent judicial or administrative authority or (where appropriate) a notary or duly qualified professional body of the home relevant State.
4
A declaration for the purposes of paragraph (3) shall only be required to be accepted if it is accompanied by written confirmation of its authenticity issued by the authority, notary or body.
5
A designated authority which requires of persons wishing to practise a statement of physical or mental health, shall accept as sufficient evidence thereof the documents required for such a purpose in the home relevant State.
6
In any case in which the competent authority of the migrant’s home relevant State does not impose the requirement referred to in paragraph (5), the designated authority shall accept a statement issued by a competent authority there which corresponds to the statement issued for that purpose in the United Kingdom.
7
A designated authority may require any document, statement or certificate referred to in paragraph (2), (3), (5) or (6) to be presented no more than three months after the date of its issue.
8
Where a designated authority requires applicants to take an oath or make a solemn declaration, the form of which is such that it cannot be taken or made by nationals of another relevant State, it shall ensure that an appropriate equivalent form of oath or declaration is available for those nationals.
9
A designated authority which requires of an applicant for authorisation to practise proof of financial standing shall, in respect of a migrant, regard certificates issued by banks in the home relevant State as equivalent to those issued by banks in the United Kingdom.
10
Subject to paragraph (11) a designated authority which requires proof that an applicant for authorisation to practise is insured against the financial risks arising from the applicant’s professional liability shall in respect of a migrant accept certificates issued by insurance undertakings of other relevant States as equivalent to those issued by insurance undertakings in the United Kingdom.
11
Any certificate referred to in paragraph (10) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.
Use of professional title
24
1
A migrant who has been granted authorisation to practise a regulated profession pursuant to these Regulations shall have the right to use —
a
the professional title and designatory letters applicable to that profession in the United Kingdom; and
b
the lawful academic title (and where appropriate the abbreviation thereof) acquired by him in the relevant State in which he qualified and in the language of that State.
2
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(b), the designated authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.
3
Where the migrant makes use of the possibility provided for in sub-paragraph (1)(a) of this Regulation, and either —
a
the professional title or designatory letters appear in Part 2 of Schedule 1 to the First General System Regulations or Part 2 of Schedule 2 to these Regulations; or
b
they do not so appear but the profession is regulated by a professional association
he shall only be entitled to use the professional title or designatory letters on proof of membership of the professional association.
4
Where membership of a professional association is subject to any qualification requirements, such requirements may be applied to a migrant whose evidence of education and training satisfies the relevant provisions of Schedule 4 only so far as they are consistent with the provisions of these Regulations.
Decisions of designated authorities and appeals
25
1
The designated authority to which a migrant applies for authorisation to practise shall consider the migrant’s application as soon as is reasonably practicable, and shall notify him of its decision together with the reasons upon which it is based within four months of receipt of all the relevant documents.
2
The migrant may appeal —
a
against the decision of the designated authority referred to in paragraph (1); or
b
in a case in which the period of four months mentioned in paragraph (1) has expired without the notification referred to, in respect of the failure of such authority to make a decision
to the appeal body for the profession provided that such appeal is lodged within three months of the notification to him of the designated authority’s decision, or of the expiry, without a decision being notified to him, of the period laid down in paragraph (1) or thereafter with leave of the appeal body.
3
A migrant who has a right of appeal under this Regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.
4
The appeal body for a profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority —
a
give any authorisation to practise and impose any condition which the designated authority could give or impose in relation to that profession; or
b
remit the matter to the designated authority with such directions as the appeal body sees fit.
5
Without prejudice to any powers of the Court of Session in Scotland to regulate the proceedings of itself and those of the sheriff courts but subject always to paragraph (6), an appeal body in England and Wales or Northern Ireland may make rules of procedure governing the hearing and determination of any appeal under these Regulations against the decision of a designated authority. Such rules may make different provision for different cases.
6
In the case of a migrant exercising the composite right described in paragraph (3), the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.
Information from designated authorities and competent authorities
26
1
Designated authorities shall provide the Secretary of State with such information (including statistical information) as he may require concerning applications made and decisions taken under these Regulations.
2
Any authority, body or person who is the competent authority in respect of information or evidence sought by the holder of a UK qualification in support of his application to practise a profession in another relevant State which regulates that profession shall, as soon as is reasonably practicable following the request of the holder, produce to the holder such information and evidence as the holder reasonably requires to that end.
Revocation
27
The following Regulations are hereby revoked —
a
the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 ;
b
the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999 ; and
c
the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001 .
Margaret Hodge
Minister of State,
Department for Education and Skills
26th November 2002


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 2002 and shall come into force on 21st October 2002.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Removal of safety zone
3
In Schedule 1 to the Offshore Installations (Safety Zones) Order 1997 , the entry relating to Moira Wellhead is deleted.
Signed by authority of the Secretary of State
Nick Brown
Minister of State,
Department for Work and Pensions
24th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Essex Mental Health and Community Care National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the South Essex Mental Health and Community Care National Health Service Trust (Establishment) Order 2000 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the South Essex Partnership National Health Service Trust instead of the South Essex Mental Health and Community Care National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “South Essex Mental Health and Community Care” there shall be substituted “South Essex Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations (Emergency Pollution Control) Regulations 2002 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“accident” means any occurrence causing material damage or a threat of material damage to an offshore installation;
“operator” in relation to an offshore installation means any person who operates the offshore installation and includes any person who owns it at the time any powers conferred by these Regulations are exercised in relation to the offshore installation;
“pollution” includes pollution by oil or any other substance liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, or by any other substance listed in the Schedule to the Merchant Shipping (Prevention of Pollution: Substances Other than Oil) (Intervention) Order 1997 ; and
“United Kingdom waters” has the same meaning as in the Merchant Shipping Act 1995 .
Intervention powers
3
1
The powers conferred by this regulation shall be exercisable where —
a
an accident has occurred; and
b
in the opinion of the Secretary of State the accident will or may cause significant pollution in the United Kingdom, United Kingdom waters or in any designated area within the meaning of the Continental Shelf Act 1964 ; and
c
in the opinion of the Secretary of State the use of the powers conferred by this regulation is urgently needed,
but those powers are subject to the requirements of paragraph (6) below.
2
For the purpose of preventing or reducing pollution, or the risk of pollution, the Secretary of State may give directions as respects any offshore installation —
a
to the operator of the offshore installation; or
b
to the manager of the offshore installation; or
c
to any servant or agent of the operator of the offshore installation.
3
Directions under paragraph (2) above may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of this paragraph, directions may require that person —
a
to move or not to move the offshore installation, or any part of it, to or from a specified place or area, or over a specified route; or
b
to unload or discharge, or not to unload or discharge, any oil or other substance; or
c
to take or not to take specified remedial measures.
4
If in the opinion of the Secretary of State the powers conferred by paragraph (2) above are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing pollution, or the risk of pollution, take, as respects the offshore installation or its contents, any action of any kind whatsoever, and without prejudice to the generality of this paragraph the Secretary of State may —
a
take any such action as she has power to require to be taken by a direction under this regulation;
b
undertake operations for the sinking or destruction of the offshore installation, or any part of it, of a kind which is not within the means of any person to whom she can give directions; or
c
undertake operations which involve the taking over of control of the offshore installation (whether by boarding the offshore installation or entering and using any premises which appear to her to be premises from which the operations of the offshore installation may be controlled).
5
The powers of the Secretary of State under paragraphs (2) and (4) above shall also be exercisable by such persons as may be authorised for the purpose by or on behalf of the Secretary of State.
6
Every person concerned with compliance with directions given, or with action taken, under this regulation shall use his best endeavours to avoid any risk to human life.
7
In this regulation, “specified” in relation to a direction under this regulation, means specified by the direction.
Compensation for unreasonable loss or damage
4
1
If any action duly taken by a person in pursuance of a direction given to him under regulation 3 above, or any action taken under paragraph (4) or (5) of that regulation —
a
was not reasonably necessary to prevent or reduce pollution or the risk of pollution; or
b
was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered as a result of the action,
a person incurring expense or suffering damage as a result of, or by himself taking, the action shall be entitled to recover compensation from the Secretary of State.
2
In considering whether any person shall be entitled to recover compensation from the Secretary of State under paragraph (1) above, account shall be taken of —
a
the extent and risk of pollution if the action had not been taken;
b
the likelihood of the action being effective; and
c
the extent of the damage which has been caused by the action.
3
Any reference in this regulation to the taking of any action includes a reference to a compliance with a direction not to take some specified action.
4
The Admiralty jurisdiction of the High Court and of the Court of Session shall include jurisdiction to hear and determine any claim arising under this regulation.
Offences
5
1
A person who contravenes or fails to comply with any requirement of a direction given to him under regulation 3 above shall be guilty of an offence.
2
A person who intentionally obstructs any person who is —
a
acting on behalf of the Secretary of State in connection with the giving or service of a direction under regulation 3 above;
b
acting in compliance with a direction under that regulation; or
c
acting under paragraph (4) or (5) of that regulation,
shall be guilty of an offence.
3
In proceedings for an offence under paragraph (1) above, it shall be a defence for the accused to prove —
a
that, subject to regulation 3(6) above, he has used all due diligence to ensure compliance with the direction; or
b
that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life.
4
A person guilty of an offence under paragraph (1) or (2) above shall be liable —
a
on summary conviction, to a fine not exceeding £50,000;
b
on conviction on indictment, to a fine.
Service of directions
6
1
If the Secretary of State (or a person authorised under regulation 3(5) above) is satisfied that a company or other body, which is the operator of an offshore installation, is not one to whom section 695 (service of documents on overseas company) or 725 (service of documents) of the Companies Act 1985 applies so as to authorise the service of a direction on that body under either of those sections, she may give a direction under regulation 3 above to that body, by serving the direction on any person, being a servant or agent of that body, who appears to the Secretary of State to be in charge of the offshore installation.
2
For the purposes of giving or serving a direction under regulation 3 above to or on any person on a ship or offshore installation, a person acting on behalf of the Secretary of State shall have the right to go on board the ship or offshore installation.
3
In the application of paragraph (1) above to Northern Ireland, for references to sections 695 and 725 of the Companies Act 1985 there shall be substituted references to Articles 645 and 673 of the Companies (Northern Ireland) Order 1986 .
Brian Wilson
Minister of State for Energy and Construction,
Department of Trade and Industry
17th July 2002