text:
Title, extent and commencement
1
These Regulations may be cited as the TSE (England) (Amendment) (No. 2) Regulations 2002, shall extend to England and shall come into force on 11th December 2002.
Amendment of the TSE (England) Regulations 2002
2
1
The TSE (England) Regulations 2002 shall be amended in accordance with this regulation.
2
In regulation 28 (Powers of inspectors) —
a
in paragraph (2)(g) for the words “animal of the carcase” there shall be substituted the words “animal, or the carcase”;
b
for paragraph (2)(k) there shall be substituted the following —
k
serve any notice in connection with the seizure or give any direction under regulation 29D;
.
3
After regulation 29 there shall be inserted the following regulations —
Movement prohibitions and restrictions of animals
29A
1
Where an inspector is satisfied he has reasonable grounds for supposing that any TSE susceptible animal has been fed mammalian meat and bone meal or mammalian protein in breach of these Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under these Regulations, he shall by notice in writing served on the owner or person in charge of the animal prohibit or restrict the movement of the animal from the premises described in the notice.
2
The notice may be subject to conditions and may be amended, suspended or revoked by further notice at any time.
3
Where a notice is in force under this regulation the conditions of which allow movement of any animal from premises on the authority of a licence issued by an inspector, an inspector may issue a licence for this purpose subject to such conditions as he considers necessary.
4
Where an animal is being moved under the authority of a licence issued under this regulation the person in charge of the animal being moved shall carry the licence during the authorised movement and shall, on demand made by an inspector, produce the licence and allow a copy to be taken, and shall also, on demand, give his name and address.
Slaughter of animals
29B
1
Where an inspector is satisfied he has reasonable grounds for supposing that any TSE susceptible animal has been fed mammalian meat and bone meal or mammalian protein in breach of these Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under these Regulations, he may serve a notice on the owner or person in charge of the animal requiring him —
a
to slaughter and dispose of the animal within 28 days of the date of the notice and in such manner as the notice provides; or
b
to keep the animal in such manner as the notice provides.
2
The notice shall specify that representations from the owner or person in charge of the animal as to the requirements of that notice, may be made to the Secretary of State within 21 days of the date of the notice.
3
After considering any representations received during this period from the owner or person in charge of the animal, the Secretary of State shall either withdraw or confirm the notice.
4
If any person on whom a notice is served under paragraph (1) fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice at the expense of the person on whom the notice is served.
Compensation for slaughtered animals
29C
1
Where an animal is slaughtered under regulation 29B the Secretary of State may pay compensation to the owner of the animal if she considers it appropriate in all the circumstances and shall —
a
by notice served on the owner or person in charge of the animal confirm whether such compensation will be payable; and
b
if not so payable, specify that representations from the owner or person in charge of the animal as to the notice, may be made to the Secretary of State within 21 days of the date of the notice.
2
In considering whether to pay compensation to the owner of the animal, the Secretary of State shall have regard, in particular, to whether the owner of the animal —
a
kept records of the source and derivation of the material which the animal has been fed or had access to; and
b
made reasonable enquiries as to the composition of such material.
3
After considering any representations received pursuant to paragraph 1 (b) from the owner or person in charge of the animal, the Secretary of State shall either withdraw or confirm the notice.
4
Where the Secretary of State confirms that compensation shall be payable for the animal, the compensation shall be an amount equal to the market value of the animal.
5
The market value shall be determined —
a
by agreement between the Secretary of State and the owner of the animal; or
b
in the absence of such agreement by a valuer appointed by the Secretary of State.
6
A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.
7
The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.
8
Without prejudice to the discretion of the Secretary of State in paragraph 1(a) to pay compensation, where an animal was certified by a veterinary surgeon before slaughter as —
a
requiring slaughter for emergency reasons relating to the welfare of the animal; and
b
having no market value as a consequence,
there shall be no compensation payable for the animal.
Retention, seizure and disposal of carcases
29D
1
Where an inspector is satisfied that he has reasonable grounds for supposing that any carcase is from a TSE susceptible animal that has been fed mammalian meat and bone meal or mammalian protein in breach of these Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under these Regulations he may —
a
direct an occupier of premises to retain on the premises the carcase of the animal, any part of such a carcase or any blood derived from any such carcase or part; or
b
seize or dispose of —
i
any carcase of the animal, or any part of such a carcase, whether or not it is a carcase which the occupier has been required to be retained under the direction of an inspector; or
ii
any blood derived from a carcase of the animal or any part of such carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.
2
Directions from an inspector to an occupier under paragraph 1(a) may include directions in relation to the treatment, storage and disposal of the carcase, part of a carcase or blood.
3
If a direction under this regulation is not complied with an inspector may, without prejudice to any proceedings arising out of such default, arrange for it to be complied with at the expense of the person who has failed to comply with the direction.
4
Directions under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by a further direction at any time.
Compensation for carcases, parts of carcases or blood seized or disposed of
29E
1
Where a carcase, part of any carcase or any blood is seized or disposed of under regulation 29D the Secretary of State may pay compensation to the owner of the carcase, part or blood if she considers it appropriate in all the circumstances and shall —
a
by notice served on the owner of the carcase, part or blood confirm whether such compensation will be payable; and
b
if not so payable, specify that representations from the owner or person in charge of the animal as to the requirements of the notice, may be made to the Secretary of State within 21 days of the date of the notice.
2
In considering whether to pay compensation to the owner of the animal, the Secretary of State shall have regard, in particular, to whether the owner of the animal —
a
kept records of the source and derivation of the material which the animal has been fed or had access to; and
b
made reasonable enquiries as to the composition of such material.
3
After considering any representations received pursuant to paragraph 1(b) from the owner, the Secretary of State shall either withdraw or confirm the notice.
4
Where the Secretary of State confirms that compensation shall be payable for the animal, the compensation shall be determined —
a
by agreement between the Secretary of State and the owner of the carcase, part or blood seized or disposed of; or
b
by arbitration.
Slaughter or sale for human consumption
29F
No person shall slaughter, sell, supply for sale or allow to be sold for human consumption, any TSE susceptible animal or the meat of any TSE susceptible animal which he knows or has reason to suspect has been fed mammalian meat and bone meal or mammalian protein in breach of these Regulations or has had access to mammalian meat and bone meal or mammalian protein which is prohibited to be fed to it under these Regulations.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th November 2002


type: legislation

jurisdiction: UK

text:
Citation and application
1
1
This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 7) (England) Order 2002.
2
This Order applies as respects England only.
Provision coming into force on 1st May 2003
2
With the exception of subsection(1)(c), section 79 of the New Roads and Street Works Act 1991 (records of location of apparatus) shall come into force, as respects England, on 1st May 2003.
Signed by authority the Secretary of State for Transport
John Spellar
Minister of State
Department for Transport
20th December 2002


text:
Citation and commencement
1
1
This Order may be cited as the Brightlingsea Harbour Revision (Constitution) Order 2002 and shall come into force on 18th September 2002.
2
The Brightlingsea Harbour Acts and Orders 1927 to 1985 and this Order may be cited together as the Brightlingsea Harbour Acts and Orders 1927 to 2002.
Interpretation
2
In this Order —
“the appointed Commissioners” (except in article 4) means the Commissioners appointed under article 3(1)(a) or 7(1) below;
“the chief executive” means the chief executive to the Commissioners;
“the Commissioners” means the Brightlingsea Harbour Commissioners;
“the harbour” means the harbour of Brightlingsea within the limits prescribed by section 13 of the Brightlingsea Harbour Order 1927 ; and
“the new constitution date” means 1st October 2002.
Constitution of Commissioners
3
1
On and after the new constitution date the Commissioners shall consist of: —
a
six persons appointed by the Commissioners;
b
the chief executive for the time being of the Commissioners; and
c
the Harbour Master for the time being of the Commissioners.
2
Each appointed Commissioner shall be a person who appears to the Commissioners making the appointment to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
water related leisure activities;
b
shipping or other forms of transport;
c
financial management;
d
the laws relating to England;
e
safety or personnel management;
f
commercial marketing or information technology;
g
environmental issues affecting harbours;
h
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) above or article 7(1) below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
4
Appointments to the Commissioners shall be made on merit in accordance with a published recruitment policy.
Appointment and periods of office of first Commissioners
4
1
The first appointments under article 3(1)(a) of this Order shall be made before and so as to take effect on the new constitution date.
2
The Commissioners shall appoint the person who is, at the date when they make the first appointments referred to in paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 30th September 2004; and on and after the new constitution date shall be the chairman of the Commissioners.
3
Of the remaining first such appointed Commissioners —
a
two shall hold office from the new constitution date until 30th September 2004;
b
three shall hold office from the new constitution date until 30th September 2006;
as the Commissioners shall specify when they make each of those appointments.
Periods of office of subsequent Commissioners
5
An appointed Commissioner (other than the first Commissioners appointed under article 3(1)(a) above) shall, unless appointed to fill a casual vacancy and subject to articles 6 and 8 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of four years from the 1st October next following his appointment.
Declaration to be made by Commissioners
6
No person shall act as a Commissioner until he has made a declaration in the form set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
7
1
A casual vacancy arising in the office of an appointed Commissioner shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners and any such appointment shall be made in accordance with the requirements of article 3(2) and (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a Commissioner) during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
8
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from the meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months,
whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
has acted in a manner which has seriously impeded or prejudiced the carrying on of the business of the Commissioners; or
e
has failed to comply with the standards required for the governance of the harbour by the Commissioners;
f
has acted in a manner which may bring the Commissioners into disrepute or which is otherwise inappropriate having regard to the functions of the Commissioners;
g
is otherwise unable, unwilling, or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
9
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from an act or omission of the Commissioners or of any of them; not being an act or omission by any Commissioner which that Commissioner knew to be in breach of duty or concerning which that Commissioner was reckless as to whether it was such a breach.
Incidental provisions applicable to the Commissioners
10
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Advisory bodies
11
1
The Commissioners shall establish an advisory body which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall make arrangements for any advisory body to meet not less than twice a year.
3
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by any advisory body whether or not that advisory body has been consulted by the Commissioners on that matter, recommendation or representation so referred or made.
4
An advisory body established pursuant to this article shall consist of such number of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate being persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
5
The chief executive or his representative shall be entitled to attend any meeting of an advisory body.
6
An advisory body may determine its own quorum and procedure and shall appoint a chairman.
7
An individual member of an advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
8
A member of an advisory body shall hold office for the period of three years from the date of his appointment and at the end of the period shall be eligible for reappointment.
9
A member of an advisory body may resign his office at any time by notice in writing given to the chief executive.
Revocation
12
On the new constitution date the Brightlingsea Harbour Revision Order 1981 shall be revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division,
Department for Transport
13th September 2002


text:
1
This Order may be cited as the Terrorism Act 2000 (Continuance of Part VII) Order 2002 and shall come into force on 19th February 2002.
2
The provisions of Part VII of the Terrorism Act 2000 which are in force on 18th February 2002 shall continue in force for the period beginning with 19th February 2002 and ending with 18th February 2003.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
18th February 2002


text:
Citation and commencement
1
This Order may be cited as the Insolvent Partnerships (Amendment) (No. 2) Order 2002 and shall come into force on 1st January 2003.
Interpretation
2
1
In this Order,
“ the Act ” means the Insolvency Act 1986,
“ rule ” means a rule of the Insolvency Rules 1986 ,
“the 1994 Order ” means the Insolvent Partnerships Order 1994 .
2
In this Order a reference to a “modified section” means a section of the Act as modified by, and set out in, the 1994 Order.
Amendment to section 388 of the Insolvency Act 1986
3
For section 388(2A)(c) of the Act substitute —
c
where a voluntary arrangement in relation to the insolvent partnership is proposed or approved under Part I of the Act, as nominee or supervisor.
.
Amendment to Article 4 of the Insolvent Partnerships Order 1994
4
For article 4(1) of the 1994 Order (voluntary arrangement of insolvent partnership) substitute —
1
The provisions of Part I of, and Schedule A1 to, the Act shall apply in relation to an insolvent partnership, certain of those provisions being modified in such manner that, after modification, they are as set out in Schedule 1 to this Order.
.
Amendment to Article 19 of the Insolvent Partnerships Order 1994
5
In article 19(4) of the 1994 Order (supplemental and transitional provisions), after “enactment” insert —
except where paragraph 12 of Schedule A1 to the Act, as applied by this Order, has the effect of preventing a petition being so presented
.
Substitution of Schedule 1 to the Insolvent Partnerships Order 1994
6
For Schedule 1 to the 1994 Order (modified provisions of Part I of the Act) substitute the Schedule set out in Schedule 1 to this Order.
Amendments to Schedule 2 to the Insolvent Partnerships Order 1994
7
1
Schedule 2 to the 1994 Order (modified provisions of Part II of the Act) is amended as follows.
2
In paragraph 2 (section 8: power of court to make order), after modified section 8(6) insert —
7
In this Part a reference to an insolvent partnership includes a reference to an insolvent partnership in relation to which an administration order may be made by virtue of Article 3 of the EC Regulation.
.
3
In paragraph 4 (section 10: effect of application), after modified section 10(1)(a) insert —
aa
no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises forming part of the partnership property or let to one or more officers of the partnership in their capacity as such in respect of a failure by the partnership or one or more officers of the partnership to comply with any term or condition of the tenancy of such premises, except with the leave of the court and subject to such terms as the court may impose;
.
4
In paragraph 5 (section 11: effect of order), after modified section 11(3)(d) insert —
da
no landlord or other person to whom rent is payable may exercise any right of forfeiture by peaceable re-entry in relation to premises forming part of the partnership property or let to one or more officers of the partnership in their capacity as such in respect of a failure by the partnership or one or more officers of the partnership to comply with any term or condition of the tenancy of such premises, except with the consent of the administrator or the leave of the court and subject (where the court gives leave) to such terms as the court may impose;
.
Amendment to Schedule 3 to the Insolvent Partnerships Order 1994
8
In paragraph 3 of Part I of Schedule 3 to the 1994 Order (section 221: winding up of unregistered companies), after modified section 221(7)(c) insert —
d
at the time at which a moratorium for the insolvent partnership under section 1A comes to an end, no voluntary arrangement approved under Part I of this Act has effect in relation to the insolvent partnership.
7A
A winding-up petition on the ground set out in section 221(7)(d) may only be presented by one or more creditors.
.
Amendment to Schedule 4 to the Insolvent Partnerships Order 1994
9
1
Schedule 4 to the 1994 Order (modified provisions of the Act applying for purposes of Article 8) is amended as follows.
2
In paragraph 3 of Part I (section 221: winding up of unregistered companies), for modified section 221(8) substitute —
8
The circumstances in which an insolvent partnership may be wound up as an unregistered company are as follows —
a
the partnership is unable to pay its debts,
b
at the time at which a moratorium for the insolvent partnership under section 1A comes to an end, no voluntary arrangement approved under Part I of this Act has effect in relation to the insolvent partnership.
.
3
In paragraph 6(a) of Part II (circumstances in which members of insolvent partnerships may be wound up or made bankrupt by the court), for modified section 122 substitute —
122
A corporate member or former corporate member of an insolvent partnership may be wound up by the court if —
a
it is unable to pay its debts,
b
there is a creditor, by assignment or otherwise, to whom the insolvent partnership is indebted and the corporate member or former corporate member is liable in relation to that debt and at the time at which a moratorium for the insolvent partnership under section 1A comes to an end, no voluntary arrangement approved under Part I of this Act has effect in relation to the insolvent partnership.
.
4
In paragraph 6(b) of Part II (circumstances in which members of insolvent partnerships may be wound up or made bankrupt by the court),
a
in modified section 267(2) after “Subject to”, insert “subsection (2A) below and”,
b
after modified section 267(2) insert —
2A
A creditor’s petition may be presented to the court in respect of a joint debt or debts if at the time at which a moratorium for the insolvent partnership under section 1A comes to an end, no voluntary arrangement approved under Part I of this Act has effect in relation to the insolvent partnership.
.
Forms
10
For Forms 5, 6 and 7 contained in Schedule 9 to the 1994 Order substitute Forms 5, 6 and 7 contained in Schedule 2 to this Order.
Transitional provisions
11
1
The amendments to the 1994 Order set out in articles 3, 4, 5, 6, 8, 9 and 10 of, and Schedules 1 and 2 to, this Order do not apply where, in relation to a voluntary arrangement under Part I of the Act, as the case may be, a proposal is made by —
a
the members of a partnership and before this Order comes into force the intended nominee has endorsed a copy of the written notice of the proposal under rule 1.4(3),
b
the liquidator or the administrator (acting as nominee) and before this Order comes into force the liquidator or administrator (as the case may be) has sent out a notice summoning the meetings under section 3 of the Act as required by rule 1.11, or
c
the liquidator or the administrator of a partnership (not acting as the nominee) and before this Order comes into force the intended nominee has endorsed a copy of the written notice of the proposal under rule 1.12(2).
2
The amendments to the 1994 Order set out in article 7 of this Order do not apply where a petition for an administration order in relation to an insolvent partnership has been presented before this Order comes into force.
3
Where, by virtue of the 1994 Order, provisions of the Act apply in a case falling within paragraph (1) or (2), those provisions shall continue to have effect as if this Order had not been made.
Irvine of Lairg, C.
22nd October 2002
I concur, on behalf of the Secretary of State
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
29th October 2002


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Notice of Appeal) Regulations 2002 and shall come into force on 7th January 2003.
Prescribed manner of notice of appeal
2
1
The prescribed manner of giving notice of appeal to the Board under section 39(1) of the Tax Credits Act 2002 is as follows.
2
The notice must —
a
be given in writing,
b
contain sufficient information to identify the appellant and the decision against which the appeal is being made, and
c
be signed by or on behalf of the appellant.
3
In paragraph (2)(a) “writing” includes writing produced by electronic communications if those electronic communications are approved by the Board.
4
In paragraph (2)(c) “signed”, where the notice is in writing produced by electronic communications, means authenticated in such manner as may be approved by the Board.
5
In this regulation “the Board” means the Commissioners of Inland Revenue.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
17th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions Order 2001 (Transitional Provisions) Order 2002 and shall come into force —
a
for the purposes of article 2(a)(ii), on the date specified for the coming into force of article 27(a) of the Health Professions Order 2001;
b
for the purposes of article 2(c), the date specified for the coming into force of article 36 of the Health Professions Order 2001;
c
for the purposes of the remaining provisions, on 1st April 2002.
2
In this Order —
“ Council ” means the Health Professions Council established by article 3 of the Health Professions Order 2001; and
“ the Order ” means the Health Professions Order 2001.
Transitional Provisions
2
1
Until a register is established under article 5(1) —
a
the expression “registrant” where it appears in the following provisions shall mean “a person registered on one of the registers maintained by the Council pursuant to paragraph 11 of Schedule 2 to the Order” —
i
article 3(4), (5), (13) and (14),
ii
article 27,
iii
article 41(3), and
iv
Schedule 1, paragraph 17(2)(e)(i) and (iii);
b
in Schedule 1 —
i
in paragraph 9(2)(c), “part of the register” shall be read as “the register”,
ii
in paragraph 9(2)(e), the reference to an order made by a Practice Committee shall be read as a reference to a determination made under paragraph 17 or 18 of Schedule 2,
iii
in paragraph 17(2)(e) and (f), “each part of the register” shall be read as “each register”, and
iv
in paragraph 17(2)(f) “registrant member” shall be read as “practitioner member”;
c
a person registered on one of the registers maintained pursuant to paragraph 11 of Schedule 2 to the Order may be appointed as a registrant assessor under article 36.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) Amendment Regulations 2002 and shall come into force on 8th April 2002.
2
In these Regulations “the Work-focused Interviews for Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 .
Amendment of the Work-focused Interviews for Lone Parents Regulations
2
1
The Work-focused Interviews for Lone Parents Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1, for paragraph (3)(f) there shall be substituted the following —
f
subject to the preceding sub-paragraphs, come into force on 7th April 2003 in respect of lone parents who on that date are entitled to income support and are not responsible for and living in the same household as a child under the age of 5 years and 3 months;
g
subject to the preceding sub-paragraphs, where a lone parent —
i
is responsible for and living in the same household as a child who reaches the age of 5 years and 3 months after 7th April 2003; and
ii
is not on the date that child reaches that age responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date that child reaches the age of 5 years and 3 months.
.
3
In regulation 2 —
a
after paragraph (1)(b)(i) there shall be inserted the following heads —
ia
is a lone parent to whom paragraph (4) applies, is required to take part in an interview after the expiry of six months from the date on which —
aa
he took part in an interview under sub-paragraph (a); or
bb
a determination was made under regulation 6 with effect that he is to be treated as having taken part in such an interview; or
ib
took part, or failed to take part, or was treated as having taken part, in an interview pursuant to the requirement in head (ia), is required to take part in an interview after the expiry of six months from the date on which —
i
he took part in that interview;
ii
he failed to take part in that interview; or
iii
a determination was made under regulation 6 with effect that he is to be treated as having taken part in that interview; or
;
b
after paragraph (3) there shall be inserted the following paragraph —
4
This paragraph applies to a lone parent who —
a
makes a claim for income support on or after 8th April 2002; and
b
has taken part or has been treated as having taken part in an interview under paragraph (1)(a).
.
4
In regulation 4(a) for the words “5 years and 3 months” there shall be substituted the words “3 years”.
Signed by authority of the Secretary of State for Work and Pensions
Nick Brown
Minister of State,
Department for Work and Pensions
12th March 2002


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Authorities (Scheme for Elections of Specified Councils) (England) Order 2002 and shall come into force on 19th August 2002.
2
This Order applies to local authorities in England only .
3
In this Order —
“the 2000 Act ” means the Local Government Act 2000;
“relevant district” means a borough or city of a council specified in article 2(1); and
“relevant parish” means a parish specified in article 2(2).
Specified authorities
2
1
The following councils are specified under section 86 of the 2000 Act for the purposes of this Order —
a
the council of the borough of Cheltenham;
b
the council of the borough of Fareham;
c
the council of the borough of Gosport;
d
the council of the borough of Hastings;
e
the council of the borough of Nuneaton and Bedworth; and
f
the council of the city of Oxford.
2
The following local authorities are specified under section 87 of the 2000 Act for the purposes of this Order —
a
within the borough of Cheltenham, the parish councils of the parishes of —
i
Charlton Kings;
ii
Leckhampton;
iii
Prestbury;
iv
Swindon; and
v
Up Hatherly; and
b
within the city of Oxford, the parish councils of the parishes of —
i
Blackbird Leys;
ii
Littlemore;
iii
Old Marston; and
iv
Risinghurst and Sandhills.
New scheme for the ordinary elections of councillors
3
1
Subject to the following provisions of this article, the scheme for the ordinary elections of councillors for wards of a relevant district shall be a scheme under which —
a
the term of office of councillors is four years;
b
the elections are held on the ordinary day of elections of councillors in 2004 and every second year after 2004;
c
one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held; and
d
one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.
2
Of the councillors elected for each ward of a relevant district in 2002 —
a
one councillor shall retire in 2004 and, accordingly, his term of office shall be two years; and
b
the other councillor, or in the case of Portchester East in the borough of Fareham the other two councillors, shall retire in 2006 and, accordingly, the term of office of each such councillor shall be four years.
3
Of the councillors elected in 2002 for any ward of a relevant district, the first to retire shall, subject to paragraph (4), be the councillor elected by the smallest number of votes.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in 2004, the person to retire in that year shall be determined by lot.
5
Where under paragraph (4) any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
6
All councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Changes to years of parish elections
4
The ordinary elections of parish councillors of a relevant parish that would, but for this Order, have taken place in 2007 and every fourth year after 2007 shall instead take place on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
Retirement of parish councillors
5
1
Any parish councillor of a relevant parish holding office immediately before the fourth day after the ordinary day of election of councillors in 2006 who would, but for this Order, have retired on the ordinary day of election of councillors in 2007 shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2006.
2
The term of office of parish councillors of a relevant parish elected on the ordinary day of election of councillors in 2003 shall be three years.
3
Except as otherwise provided in the preceding paragraphs of this article, the term of office of parish councillors of a relevant parish shall be four years.
4
All parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected parish councillors shall come into office on the day on which their predecessors retire.
Revocations
6
The following provisions shall be revoked —
a
article 3 of, and Schedule 2 to, the Borough of Cheltenham (Electoral Changes) Order 2001 ;
b
article 3 of, and Schedule 2 to, the Borough of Fareham (Electoral Changes) Order 2001 ;
c
article 3 of, and Schedule 2 to, the Borough of Gosport (Electoral Changes) Order 2001 ;
d
article 3 of, and Schedule 2 to, the Borough of Hastings (Electoral Changes) Order 2001 ;
e
article 3 of, and Schedule 2 to, the Borough of Nuneaton and Bedworth (Electoral Changes) Order 2000 ; and
f
article 3 of, and Schedule 2 to, the City of Oxford (Electoral Changes) Order 2001 .
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
24th July 2002


text:
Title, application and commencement
1
This Order may be cited as the Disease Control (Interim Measures) (England) (Amendment No. 2) Order 2002; it applies to England and shall come into force on 15th May 2002.
Amendment of the Disease Control (Interim Measures) (England) Order 2002
2
1
The Disease Control (Interim Measures) (England) Order 2002 shall be amended in accordance with the following provisions of this article.
2
In article 2 —
a
before the definition of “the Act” the following definition shall be added —
“animals” means cattle, sheep, goats, and all other ruminating animals, swine and elephants;
;
b
for the definition of “collecting centre” there shall be substituted the following —
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere and includes any place used, whether as a market or otherwise, for the sale or trading of animals but only where the animals being sold or traded are intended for immediate slaughter thereafter;
;
c
after the definition of “hunting” there shall be added the following definition —
“individual identification number” has the same meaning as in the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 ;
;
d
for the definition of “Minister” there shall be substituted the following definition —
“Minister” means the Secretary of State except in relation to anything done before 27th March 2002 for which purpose it means the Minister of Agriculture, Fisheries and Food;
;
e
the word “and” where it appears at the end of the definition of a “sole occupancy group” shall be deleted;
f
the full stop where it appears at the end of the definition of “tack land” shall be replaced with “; and”; and
g
after the definition of “tack land” there shall be added the following —
“veterinary treatment” includes, in the case of goats, the collection of semen.
.
3
In article 3 —
a
in sub-paragraph (2)(a) the word “exhibition,” shall be deleted;
b
for sub-paragraph (2)(b) there shall be substituted the following —
b
if the movement is —
i
of a pig as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995 or to a market for pigs intended for immediate slaughter;
ii
of an animal direct to a slaughterhouse, or to a collecting centre for animals intended for immediate slaughter, provided that in the latter case —
aa
the collecting centre premises have not been and will not be used on the same day for a show or exhibition or for the sale or trading of animals otherwise than for immediate slaughter; and
bb
all animals moved to the collecting centre are moved from there direct to a slaughterhouse;
iii
of a calf less than 30 days old (for which a cattle passport has been issued and to which ear tags have been applied in accordance with article 3(3) of the Cattle Identification Regulations) from premises of origin which are either the premises on which the calf was born or other premises in the same sole occupancy group, save that this exemption shall not apply if —
aa
any animal has been moved during the standstill period direct from a market on to the premises of origin or other premises in the same sole occupancy group;
bb
the calf is being moved to a collecting centre or market; or
cc
the calf is being moved to a show or exhibition;
iv
of a lamb or kid less than 7 days old from premises of origin which are either the premises on which it was born or other premises in the same sole occupancy group to any other premises not more than 10 kilometres by road from the premises of origin, where this is for the purpose of fostering that lamb or kid;
v
the return from tack land of a sheep to the premises from which it was originally moved or to other premises in the same sole occupancy group provided that the tack land was managed separately from and had a different CPH number from the remainder of any premises of which it was a part at all times during the period the sheep was there;
vi
of an animal between premises in a sole occupancy group in accordance with an authority issued by the Minister;
vii
of an animal to a show or exhibition from another show or exhibition;
viii
of an animal to a show or exhibition, otherwise than from another such event or from premises to which it has been moved and where it is still subject to isolation pursuant to paragraph (x) below, provided it has been isolated for the 20 days preceding the day of the movement from all other animals on the premises of origin and any other premises in the same sole occupancy group and has been identified, marked or tagged —
aa
in the case of cattle in accordance with the requirements of the Cattle Identification Regulations;
bb
in the case of a sheep or goat with an individual identification number;
cc
in the case of a deer in accordance with the requirements of the Tuberculosis (Deer) Order 1989 ; or
dd
in the case of a camelid in accordance with any requirements specified in the licence issued under paragraph (1)(a) above pursuant to which it is being moved;
ix
of an animal to a show or exhibition from premises to which it has been moved and on which it is still subject to isolation pursuant to paragraph (x) below;
x
of an animal from a show or exhibition to anywhere other than another show or exhibition provided that for the 20 days following the movement from the show or exhibition —
aa
it is not moved from the new premises except to another show or exhibition; and
bb
while on the new premises is isolated from all other animals;
xi
of cattle from premises of origin in circumstances where —
aa
the only movement of animals on to the premises of origin has been of a calf less than 30 days old brought from the premises on which it was born or from other premises in the same sole occupancy group;
bb
the premises of origin are authorised to be used as a specialist calf rearing unit by a notice issued by a veterinary inspector or the Minister; and
cc
the cattle to be moved have been issued with cattle passport and tagged in accordance with the Cattle Identification Regulations;
xii
of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 prior to such export;
xiii
of an animal which has been imported into the United Kingdom direct to any premises from its point of entry into the United Kingdom;
xiv
of an animal between land over which the owner or keeper of the animal has a registered right of common and premises occupied by the owner or keeper in relation to which the registered right of common is customarily exercised;
xv
of a camelid being taken on a trekking expedition;
xvi
of pigs, cattle, or sheep to an artificial insemination centre, provided, in the case of sheep, that they have been isolated for the 20 days preceding the movement from all other animals on the premises of origin and any other premises linked to them in a sole occupancy group;
xvii
of pigs, sheep, goats, cattle, camelids or deer to a place for veterinary treatment provided (except in the case of pigs) that the animals will be isolated from all other animals there whilst the treatment is carried out;
xviii
of a bull or ram or a goat, camelid or deer of either sex for breeding purposes, provided it is identified, marked or tagged —
aa
in the case of a bull in accordance with the requirements of the Cattle Identification Regulations;
bb
in the case of a ram or goat with an individual identification number;
cc
in the case of a deer in accordance with the requirements of the Tuberculosis (Deer) Order 1989; or
dd
in the case of a camelid in accordance with any requirements specified in the licence issued under paragraph (1)(a) above pursuant to which it is being moved,
and is accompanied during the movement by a declaration that it is being moved for breeding purposes signed by or on behalf of its owner or keeper and, in the case of a ram or goat, has been isolated for the 20 days before the movement from all other animals on the premises of origin and any other premises linked to them in a sole occupancy group;
xix
of sheep returning from premises to which they were moved solely for the purposes of taking part in a sheep dog trial there; or
xx
of an animal being moved to a laboratory for diagnostic tests to be carried out to ascertain whether the animal is affected by or has been exposed to a disease; or
;
c
for paragraph (3) there shall be substituted the following —
3
For the purposes of paragraph (1)(b) above no account shall be taken of the movement on to the premises of origin or other premises in the same sole occupancy group of —
a
a pig —
i
which is being returned to those premises from a place to which it had been moved for breeding, an artificial insemination centre or a place to which it had been moved for veterinary treatment provided it is isolated for 20 days after the date of its return from all other animals; or
ii
where that movement is as referred to in article 8(3)(b) of the Pig (Records, Identification, and Movement) Order 1995;
b
an animal which is being moved to those premises direct from an exhibition or show provided that —
i
the animal is isolated in accordance with the requirements of paragraph (2)(b)(x) above; and
ii
the attendance of the animal at that exhibition or show has been notified to the local authority;
c
a bull or a deer or camelid of either sex for breeding purposes, provided it has been identified, marked or tagged —
i
in the case of a bull in accordance with the requirements of the Cattle Identification Regulations;
ii
in the case of a deer in accordance with the requirements of the Tuberculosis (Deer) Order 1989; or
iii
in the case of a camelid in accordance with any requirements specified in a licence issued pursuant to paragraph (1)(a) above under which it is being moved,
and is accompanied by a declaration that the movement is for breeding purposes signed by or on behalf of its owner or keeper;
d
a ram or a goat of either sex for breeding purposes provided —
i
it has been identified with an individual identification number and is accompanied by a declaration that it is being moved for breeding purposes signed by its owner or keeper;
ii
it has not come from a market; and
iii
either no animals have been brought on to the premises from which it has come or other premises linked with them in a sole occupancy group during the 20 day period preceding the day of the movement or the ram or goat has been isolated during that period from all other animals on such premises;
e
a ram or a goat or either sex which is being returned to those premises from a place to which it had been moved for breeding purposes provided it is isolated for 20 days after the date of its return from all other animals;
f
a camelid brought from premises where no animals other than camelids have been present at any time during the 20 days preceding the movement of the camelid on to the premises of origin or other premises in the same sole occupancy group;
g
a sheep which is being returned to those premises from tack land provided the tack land has been managed separately from and had a different CPH number from the remainder of any premises of which it is a part during the period the sheep was there;
h
a calf less than 30 days old from the premises on which it was born or other premises in the same sole occupancy group, provided that the premises of origin are authorised to be used as a specialised calf rearing unit by a notice issued by a veterinary inspector or the Minister;
i
an animal from either —
i
its point of entry into the United Kingdom following its import from another Member State; or
ii
the premises to which it has been moved from its point of entry into the United Kingdom;
j
an animal which is brought on to those premises in a vehicle provided that —
i
the animal is not unloaded from that vehicle at those premises; and
ii
such movement is carried out in accordance with the conditions of a licence issued under paragraph (1)(a) above;
k
a camelid which is returning to those premises from a trekking expedition or which is crossing them in the course of such an expedition;
l
a lamb less than 7 days old in the circumstances described in paragraph (2)(b)(iv) above;
m
cattle which are being returned to those premises from an artificial insemination centre;
n
sheep which are being returned to those premises from an artificial insemination centre provide they have been at that centre for the preceding 20 days;
o
sheep, goats, cattle, camelids or deer being returned to those premises from a place for veterinary treatment or of any offspring to which they have given birth whilst there provided those animals and such offspring have been isolated from all other animals whilst at that place; or
p
an animal moved on to those premises for diagnostic tests to be carried out to ascertain whether it is affected by or has been exposed to disease.
;
d
after paragraph (4) there shall be added the following —
4A
The requirements set out in paragraph (1) shall not apply in any case in respect of which a licence has been issued or granted on or after 15th May 2002 under the Foot-and-Mouth Disease Order 1983 to authorise the movement of an animal to or from any premises.
e
for paragraph (5) there shall be substituted the following —
5
Except in the cases referred to in paragraph (2)(b)(xvii) and (3)(o) above where any animal, other than a pig, is required to be isolated for any purpose under this article, this means isolated in isolation facilities approved by a veterinary inspector.
; and
f
in paragraph (7) for the words “or the Scottish Ministers” there shall be substituted “the Scottish Ministers or the National Assembly for Wales ”.
4
In article 5
a
for paragraph (2) there shall be substituted the following —
2
Paragraph (1) above shall not apply —
a
to the occupier of any premises or his employee (other than a person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises; or
b
to any person who carries out any of the activities referred to in that paragraph under the authority and in accordance with the conditions of a licence issued under article 37C(1) of the Foot-and-Mouth Disease Order 1983 on or after 15th May 2002.
; and
b
after paragraph (3) there shall be added the following paragraph —
3A
A licence as referred to in paragraph (2)(b) above which would cease to be valid because of the revocation of a controlled area order shall continue to have effect under this Order as if it were a licence issued under paragraph (1) above and the provisions of this Order shall apply accordingly to it.
.
5
In article 6
a
for paragraph (2) there shall be substituted the following —
2
Paragraph (1) above shall not apply —
a
to the occupier of any premises or his employee (other than a person employed by him primarily for the purposes of carrying out ultra sound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment kept or owned by the occupier; or
b
to any person who carries out ultrasound scanning of sheep under the authority and in accordance with the conditions of a licence issued on or after 15th May 2002 under the Foot-and-Mouth Disease Order 1983.
; and
b
after paragraph (3) there shall be added the following paragraph —
4
A licence as referred to in paragraph (2)(b) above which would cease to be valid because of the revocation of a controlled area order shall continue to have effect under this Order as if it were a licence issued under paragraph (1) above and the provisions of this Order shall apply accordingly to it.
.
6
In article 7 after paragraph (2) there shall be added the following paragraph —
2A
Paragraph (1) above shall not apply to any person who takes part in hunting under the authority and in accordance with the conditions of a permit issued on or after 15th May 2002 under article 36(2)(d) of the Foot-and-Mouth Disease Order 1983 but if such a permit shall cease to be valid by reason of the revocation of a controlled area order it shall instead continue to have effect as if it were a permit issued under paragraph (2)(b) above.
7
In article 8, paragraphs (3) and (4), for the words “article 3(2)(b)(viii)” there shall be substituted “article 3(2)(b)(xi)” and for the words “3(3)(f)” there shall be substituted “3(3)(h)”.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Signed at 5.20 pm On 14th May 2002


text:
Citation and application
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 8) Order 2002.
2
This Order applies in relation to England and to police authorities in Wales .
Provisions of the Local Government Act 2000 coming into force on 27th July 2002
2
The following provisions of the Local Government Act 2000 shall come into force on 27th July 2002 —
a
section 90;
b
in Schedule 6 the repeal of —
i
in section 80(1)(e) of the Local Government Act 1972 , the words “or under the Audit Commission Act 1998”;
ii
in section 16(1)(a) of the Audit Commission Act 1998 , the words “or 18”;
iii
section 17(1)(b) of that Act and “and” preceding it;
iv
in section 17(2) of that Act, the words “subject to subsection (3)” and paragraphs (a) and (b) and the word “and” following paragraph (b);
v
section 17(3), (5)(b), (7) and (8) of that Act; and
vi
section 18 of that Act.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
4th July 2002


text:
Citation, commencement, interpretation and extent
1
1
This order may be cited as the Ashworth Hospital Authority (Abolition) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the Ashworth Hospital Authority established by the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 ;
“the Trust” means the Mersey Care National Health Service Trust .
3
This Order extends to England and Wales .
Abolition of the Authority and revocation of Order and Regulations
2
1
The Authority is hereby abolished.
2
The Authorities for the Ashworth, Broadmoor and Rampton (Establishment and Constitution) Order 1996 is revoked.
3
The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996 are revoked.
Transfer of Staff
3
1
Subject to paragraphs (2) and (5), any person who, immediately before the coming into force of this Order, was an officer of the Authority shall, on the coming into force of this Order, be transferred to the employment of the Trust.
2
This article shall not apply to an officer of the Authority whose contract of employment terminates on the day immediately preceding the coming into force of this Order.
3
The contract of employment of an officer transferred under paragraph (1) —
a
is not terminated by the transfer, and
b
has effect from the time of the transfer as if originally made between the officer and the Trust.
4
Without prejudice to paragraph (3) —
a
any right or liability of the Authority under or in connection with the officer’s contract of employment shall by virtue of this paragraph be transferred to the Trust;
b
anything done before the date of the transfer by or in relation to the Authority in respect of the officer or the contract of employment shall be deemed from that time to have been done by or in relation to the Trust.
5
Paragraphs (1), (3) and (4) do not transfer an officer’s contract of employment or any right or liability under or in connection with it is not transferred under this article, if he has informed the Authority or the Trust that he objects to the transfer.
6
Where an officer objects as mentioned in paragraph (5) his contract of employment with the Authority shall be treated as having been terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by the Authority.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that the identity of his employer changes unless the officer shows, that, in all the circumstances, the change is a significant change and is to his detriment.
Transfer of property, rights and liabilities
4
The property, rights and liabilities of the Authority shall be transferred to the Trust.
Winding-Up of affairs of the Authority
5
It shall be the duty of the Trust to take such action as may be necessary for the winding-up of the affairs of the Authority, including the preparation of the outstanding accounts of the Authority and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th March 2002


text:
1
This Order may be cited as the Aerodromes (Designation) (Facilities for Consultation) (Amendment) Order 2002 and shall come into force on 15th October 2002.
2
In the Schedule to the Aerodromes (Designation) (Facilities for Consultation) Order 1996 “Filton” shall be substituted for “Bristol (Filton)” “Wolverhampton” shall be substituted for “Halfpenny Green”, “Leavesden” shall be omitted, “Manston” shall be inserted after “Manchester” and “White Waltham” shall be inserted after “Teesside”.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
11th September 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Special Educational Needs) (City Colleges) (England) Regulations 2002 and shall come into force on 28th August 2002.
2
In these Regulations —
“ the Act ” means the Education Act 1996;
“approved” means approved by the Secretary of State under section 347(1) of the Act;
“city college” means an Academy, a city technology college or a city college for the technology of the arts ;
“relevant child” means a child for whom a statement is maintained under section 324 of the Act and who attends or proposes to attend a city college; and
“statemented provision” means the special educational provision specified in a statement maintained under section 324 of the Act.
3
A city college shall also be regarded as approved if the Secretary of State has consented to the relevant child being educated there.
Payment and Assistance
2
1
A local education authority may pay to an approved city college all or any part of the cost incurred in respect of securing that the statemented provision for a relevant child is made.
2
A local education authority may provide any other assistance to an approved city college for the purpose of securing that the statemented provision for a relevant child is made.
Review of Arrangements
3
1
A local education authority shall keep under review the arrangements made under these Regulations.
2
In doing so the local education authority shall consult the governing bodies of any city college —
a
in the authority’s area; and
b
in any neighbouring local education authority’s area to which the authority makes any payment, supplies any goods and services or provides any assistance under these Regulations.
Precedence of Duty under section 324(5) of the Act
4
Nothing in these regulations shall effect the duty of a local education authority under section 324(5) of the Act to arrange that the special educational provision specified in a statement is made for a child.
David Miliband
Minister of State,
Department for Education and Skills
6th August 2002


text:
1
These Regulations may be cited as the Value Added Tax (Amendment)(No. 4) Regulations 2002 and come into force on 1st January 2003.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
After “taxable person” in regulation 166A insert “, and the relevant supply was made before 1st January 2003,”.
4
At the beginning of regulation 170(1) omit “Where” and insert “Subject to regulation 170A below, where”.
5
After regulation 170 insert the following regulation —
Attribution of payments received under certain credit agreements
170A
1
Where —
a
the claimant made a supply of goods and, in connection with that supply, a supply of credit;
b
those supplies were made under a hire purchase, conditional sale or credit sale agreement; and
c
a payment is received in relation to those supplies (other than a payment of an amount upon which interest is not charged),
the payment shall be attributed to each supply in accordance with the rules set out in paragraph (2) below.
2
The payment shall be attributed —
a
as to the amount obtained by multiplying it by the fraction
A B ,
to the supply of credit; and
b
as to the balance, to the supply of goods,
where —
A is the total of the interest on the credit provided under the agreement under which the supplies are made (determined as at the date of the making of the agreement); and
B is the total amount payable under the agreement, less any amount upon which interest is not charged.
3
Where an agreement provides for variation of the rate of interest after the date of the making of the agreement then, for the purposes of the calculation in paragraph (2) above, it shall be assumed that the rate is not varied.
.
6
In regulation 171 —
a
in sub-paragraph (1)(b)(ii) for “regulation 170” substitute “regulations 170 or 170A”; and
b
in sub-paragraph (3) for “or 170” substitute “, 170 or 170A”.
7
Immediately before regulation 172C insert the following —
Application
172ZC
This Part applies where the relevant supply was made before 1st January 2003.
.
8
Immediately after Part XIXA insert the following —
PART XIXB
REPAYMENT OF INPUT TAX WHERE CONSIDERATION NOT PAID
Application
172F
This Part applies where the supply in relation to which a person has claimed credit for input tax was made on or after 1st January 2003.
Interpretation
172G
In this Part —
“relevant period” means 6 months following —
the date of the supply, or
if later, the date on which the consideration for the supply, or (as the case may be) the unpaid part of it, became payable.
Repayment of input tax
172H
1
Subject to paragraph (5) below, where a person —
a
has not paid the whole or any part of the consideration for a supply by the end of the relevant period; and
b
has claimed deduction of the whole or part of the VAT on the supply as input tax (“the deduction”),
he shall make an entry in his VAT account in accordance with paragraphs (2) and (3) below.
2
The person shall make a negative entry in the VAT allowable portion of that part of his VAT account which relates to the prescribed accounting period of his in which the end of the relevant period falls.
3
The amount of the negative entry referred to in paragraph (2) above shall be such amount as is found by multiplying the amount of the deduction by a fraction of which the numerator is the amount of the consideration for the supply which has not been paid before the end of the relevant period and the denominator is the total consideration for the supply.
4
None of the circumstances to which this regulation applies is to be regarded as giving rise to any application of regulations 34 and 35.
5
This regulation does not apply where, for input tax, the operative date for VAT accounting purposes is the date mentioned in regulation 57(b) above.
Restoration of an entitlement to credit for input tax
172I
1
Where a person —
a
has made an entry in his VAT account in accordance with regulation 172H (“the input tax repayment”);
b
has made the return for the prescribed accounting period concerned, and has paid any VAT payable by him in respect of that period; and
c
after the end of the relevant period, has paid the whole or part of the consideration for the supply in relation to which the input tax repayment was made,
he shall make an entry in his VAT account in accordance with paragraphs (2) and (3) below in respect of each such payment made.
2
The person shall make a positive entry in the VAT allowable portion of that part of his VAT account which relates to the prescribed accounting period of his in which payment of the whole or part of the consideration was made.
3
The amount of the positive entry referred to in paragraph (2) above shall be such amount as is found by multiplying the amount of the input tax repayment by a fraction of which the numerator is the amount of the payment referred to in paragraph (1) (c) above and the denominator is the total consideration for the supply.
4
None of the circumstances to which this regulation applies is to be regarded as giving rise to any application of regulations 34 and 35.
5
In this regulation, “return” means the return which a person is required to make in accordance with regulation 25.
Attribution of payments
172J
The rules on the attribution of payments in regulation 170 and, as the case may be, 170A above shall apply for determining whether anything paid is to be taken as paid by way of consideration for a particular supply.
.
M. J. Eland,
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SEI 9PJ
6th December 2002


text:
Citation and commencement
1
These Regulations may be cited as the Origin of Goods (Petroleum Products) (Revocation) Regulations 2002 and shall come into force on 1st October 2002.
Revocation
2
The Origin of Goods (Petroleum Products) Regulations 1988 and the Origin of Goods (Petroleum Products) (Amendment) Regulations 1992 are hereby revoked.
Symons,
Minister of State for International Trade and Investment,
Department of Trade and Industry
3rd September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund (Miscellaneous Amendments) Regulations 2002 and shall come into force on 1st October 2002.
Amendment of the Social Fund (Applications) Regulations 1988
2
1
The Social Fund (Applications) Regulations 1988 shall be amended in accordance with the following paragraphs of this regulation.
2
At the beginning of regulation 2(1) (form and manner in which application is to be made), there shall be inserted the words “Except in the case of an application referred to in regulation 2A,”.
3
After regulation 2, there shall be inserted the following regulation —
Form and manner in which an application for a crisis loan is to be made
2A
1
An application for a crisis loan under section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 need not be made in writing unless the Secretary of State directs in any particular case that the application shall be made in writing.
2
Where an application for a crisis loan is to be made in writing —
a
it shall be made, either on a form approved by the Secretary of State and completed in accordance with the instructions on that form or in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case; and
b
regulation 2(2) to (4) above shall apply to that application in the same way as those paragraphs apply to applications under regulation 2(1).
3
Where it appears to the Secretary of State that an application which was made on a form is incomplete in that the form has not been completed in accordance with the instructions on that form, the Secretary of State may return the form to the person making the application for proper completion by him.
4
Where insufficient particulars have been provided with the application for a crisis loan (whether made in writing or otherwise) to enable any material question to be determined, the Secretary of State may request the person making the application to provide such further particulars as may reasonably be required to complete the application.
5
Where an application for a crisis loan has not been made in writing and it is subsequently determined that a loan may be awarded in connection with that application, the person making the application shall —
a
provide satisfactory evidence of his identity;
b
confirm in writing that there have been no changes to the particulars supporting the application; and
c
confirm in writing that those particulars are correct,
before the loan is paid to him.
.
4
In regulation 3 (time at which an application is to be treated as made) —
a
after the words “regulation 2”, there shall be inserted the words “or 2A”;
b
in paragraph (a), after the words “regulation 2(1)” there shall be inserted the words “or in the case of an application for a crisis loan to which regulation 2A(3) or (4) does not apply”;
c
in paragraph (b) —
i
after the words “regulation 2(1)” there shall be inserted the words “or in the case of an application to which regulation 2A(3) or (4) applies”;
ii
after the words “regulation 2(5)” there shall be inserted the words “or 2A(3) or (4)”.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
3
In regulation 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (entitlement), for the words “at the date of the claim” there shall be substituted the words “in respect of the date of the claim”.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Work and Pensions
8th September 2002


text:
Citation and commencement
1
This Order may be cited as the Wednesbury Education Action Zone (Extension) Order 2002 and shall come into force on 1st December 2002.
Interpretation
2
In this Order —
“Wednesbury Education Action Zone” means the Education Action Zone established by the Wednesbury Education Action Zone Order 1999 .
The extension of the Wednesbury Education Action Zone
3
The Wednesbury Education Action Zone is extended for a further period of two years beginning with 1st December 2002.
David Miliband
Minister of State,
Department for Education and Skills
7th November 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police (Amendment) (No. 3) Regulations 2002 and shall come into force on 3rd February 2003.
2
These Regulations extend to England and Wales.
Amendments to the Police Regulations 1995
2
1
Regulation 12 of the Police Regulations 1995 shall be amended as follows.
2
There shall be inserted before paragraph (1)(a):
aa
must, if not a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 , have leave to enter or remain in the United Kingdom for an indefinite period;
.
3
There shall be substituted for paragraph (1)(d):
d
must, if a candidate for appointment in the rank of constable, satisfy the chief officer of police that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be determined by the Secretary of State;
.
3
1
Regulation 13B(4) of the Police Regulations 1995 shall be amended as follows.
2
For the words “regulation 13A(6) or (7)” in sub-paragraph (a) there shall be substituted “regulation 13A(5A), (5B), (6) or (7)”.
John Denham
Minister of State
Home Office
18th December 2002


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) Regulations 2002 and shall extend to England.
2
These Regulations shall come into force on 6th March 2002.
Amendment of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
2
1
The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 shall be amended in relation to England in accordance with the following provisions of this regulation.
2
In regulation 12 —
a
in paragraph (2) after the words “Council Directive 64/432/ EEC ” there shall be added the words —
and is satisfied that the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC
; and
b
in paragraph (3), after the words “cattle or pigs” there shall be inserted the words “or sheep or goats”.
3
In Schedule 3, Part I, paragraph 9, after the words “Commission Decision 97/315/ EC ( OJ No. L137, 28.5.97, p. 20);” there shall be inserted the following —
Commission Decision 2001/327/EC (OJ No. L115, 25.4.2001, p. 12), as amended by Decisions 2001/349/EC (OJ No. L123, 4.5.2001, p. 26), 2001/378/EC (OJ No. L132, 15.5.2001, p. 31), 2001/394/EC (OJ No. L138, 22.5.2001, p. 36), 2001/416/EC (OJ No, L149, 2.6.2001, p. 40), 2001/488/EC (OJ No. L176, 29.6.2001, p. 75), 2001/709/EC (OJ No. L261, 29.9.2001, p. 69), 2001/904/EC (OJ No. L335, 19.12.2001, p. 21) and 2002/153/EC (OJ No. L50, 21.2.2002, p. 98);
.
4
In Schedule 3, Part I after paragraph 15 there shall be added the following paragraph —
Animals of species susceptible to foot-and-mouth disease
16
Commission Decision 2001/327/EC (OJ No. L115, 25.4.2001, p. 12), as amended by Decisions 2001/349/EC (OJ No. L123, 4.5.2001, p. 26), 2001/378/EC (OJ No. L132, 15.5.2001, p. 31), 2001/394/EC (OJ No. L138, 22.5.2001, p. 36), 2001/416/EC (OJ No. L149, 2.6.2001, p. 40), 2001/488/EC (OJ No. L176, 29.6.2001, p. 75), 2001/709/EC (OJ No. L 261, 29.9.2001, p. 69), 2001/904/EC (OJ No. L 335, 19.12.2001, p. 21) and 2002/153/EC (OJ No. L50, 21.2.2002, p. 98).
Relevant provisions: article 2a
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th March 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Norfolk) (City of Norwich) Order 2002 and shall come into force on 4th February 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Norwich.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
14th January 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 3) Regulations 2002 and shall come into force —
a
for the purposes of regulations 3 and 4, on 6th August 2002,
b
for the purposes of regulations 5 and 6, on 4th June 2002.
2
Regulations 3 and 4 have effect in relation to award periods commencing on or after 6th August 2002.
3
Regulations 5 and 6 have effect in relation to award periods commencing on or after 4th June 2002.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Student income
3
1
In each of the provisions listed in paragraph (2) for “£260” substitute “£265”.
2
The provisions are —
a
regulations 38(2A)(a) and 42A(5)(a) of the Family Credit Regulations ;
b
regulations 42(2A)(a) and 47(5)(a) of the Disability Working Allowance Regulations .
4
1
In each of the provisions listed in paragraph (2) for “£319” substitute “£327”.
2
The provisions are —
a
regulations 38(2A)(b) and 42A(5)(b) of the Family Credit Regulations;
b
regulations 42(2A)(b) and 47(5)(b) of the Disability Working Allowance Regulations.
Determination of appropriate maximum amount of tax credit
5
1
Amend regulation 46 of the Family Credit Regulations (“regulation 46”) and regulation 51 of the Disability Working Allowance Regulations (“regulation 51”) as follows.
2
For paragraph (1D) of regulation 46 and paragraph (1C) of regulation 51 substitute the following paragraph —
This paragraph applies to either of the following persons —
a person in respect of whom the care component of disability living allowance is, or would but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act, and
a person in respect of whom attendance allowance is, or would but for either a suspension of benefit in accordance with regulations under section 113(2) of that Act or an abatement as a consequence of hospitalisation, be payable at the higher rate referred to in section 65(3) of that Act.
.
6
1
In the Table in Schedule 4 to the Family Credit Regulations in column (2) at paragraph 1 for “£60” substitute “£62.50”.
2
In the Table in Schedule 5 to the Disability Working Allowance Regulations in column (2) at paragraph 2 for “£92.80” substitute “£95.30”.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
14th May 2002


text:
Title, extent and commencement
1
This Order may be cited as The Plant Health ( Phytophthora ramorum ) (England) Order 2002, shall extend to England, and shall come into force on 13th May 2002.
Interpretation
2
1
In this Order —
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 14 to the principal Order and issued in compliance with articles 12(4) to (7) and 13 of the principal Order;
“plant” has the same meaning as that given in the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 1993 ; and
“susceptible material” means, in the case of material originating in the United States of America (“ USA ”), plants of all species of the genera listed in the first column of the Schedule, and in all other cases, plants of all species of the genera Rhododendron and Viburnum .
2
Unless otherwise stated, a reference in this Order to a numbered article is a reference to the article so numbered in this Order, and references to the Schedule refer to the Schedule to this Order.
Imports of susceptible material from the USA
3
Subject to article 5(1), no person shall import from the USA into England susceptible material originating in the USA unless it is accompanied by a phytosanitary certificate fulfilling the requirements set out in the Schedule .
Notification of movements of susceptible material into and within England
4
1
This article is subject to articles 5(2) and 6(1).
2
Any person in occupation of premises in England who takes delivery at those premises of any susceptible material other than that despatched to him from premises elsewhere in England shall, within three days after taking delivery of the material, provide to an inspector written notice, signed by him, stating the following information:
a
the date and means of delivery to his premises;
b
whether the susceptible material remains on his premises and if so, the address of those premises;
c
if the susceptible material has been forwarded to another destination, or it is intended so to forward it within two days of the notice being given, the address to which it has been or is to be forwarded, and the name of the intended recipient;
d
the origin of the susceptible material, if known;
e
the name and address of the producer, if known;
f
the species and variety of the susceptible material; and
g
the quantity of susceptible material.
3
Any person in occupation of premises in England who despatches from those premises any susceptible material to premises elsewhere in England shall, within one day after the day of despatch, provide to an inspector written notice, signed by him, stating the following information:
a
the date and means of despatch to the destination premises;
b
the address of those premises and the name of the recipient;
c
the origin of the susceptible material, if known;
d
the name and address of the producer, if known;
e
the species and variety of the susceptible material; and
f
the quantity of susceptible material.
Exemptions
5
1
The requirements of article 3 shall not apply to susceptible material which is accompanied by a phytosanitary certificate issued prior to the coming into force of this Order.
2
The requirements of article 4 shall not apply to the despatch or taking of delivery of susceptible material by persons not acting in the course of any trade or business.
Powers of an inspector
6
1
An inspector —
a
may dispense in writing with all or any of the requirements in article 4 for written notification if he believes that notification otherwise given to him has furnished him with sufficient information about any susceptible material the delivery or despatch of which falls under the provisions of this Order;
b
giving written dispensation pursuant to sub-paragraph (a) must, as soon as reasonably practical, post or otherwise deliver the written dispensation to the person obtaining the dispensation.
2
An inspector may, for the purposes of checking compliance with this Order —
a
exercise the powers conferred by article 25(1)(a) and (b) of the principal Order, as if checking compliance with the principal Order; and
b
having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.
3
Where documentation or records required to be examined by an inspector pursuant to paragraph (2)(b) are kept by means of a computer, an inspector may —
a
require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.
4
Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 33(1)(a) and (c), (2) and (6) (offences)) shall apply accordingly.
Offences
7
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him —
a
he contravenes or fails to comply with article 4; or
b
he intentionally obstructs an inspector in the exercise of his powers given by or under article 6(2)(b) or (3).
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
9th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Merton, Sutton and Wandsworth Health Authority (Transfer of Trust Property) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Merton, Sutton and Wandsworth Health Authority ;
“the new Trust” means the Nelson and West Merton Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 2nd February 2002 and on behalf of the new Trust on 26th 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
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Intercalating Students) Regulations 2002 and shall come into force on 1st August 2002.
Intercalating students
2
1
In each of the provisions specified in paragraph (2) below —
a
after the words “is the period” there shall be inserted the words “, not exceeding one year,”;
b
for sub-paragraph (b), there shall be substituted the following sub-paragraph —
b
the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,
.
2
The provisions specified for the purposes of paragraph (1) above are —
a
regulation 40(7) of the Council Tax Benefit (General) Regulations 1992 (students who are excluded from entitlement to council tax benefit);
b
regulation 48A(6) of the Housing Benefit (General) Regulations 1987 (full-time students to be treated as not liable to make payments in respect of a dwelling);
c
regulation 1(3E) of the Jobseeker’s Allowance Regulations 1996 (interpretation).
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th July 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) Order 2002 and shall come into force on 1st April 2002.
2
This Order extends to England only .
Designation as a public body
2
1
A body falling within the description specified in paragraph (2), being a person appearing to the Secretary of State for Transport, Local Government and the Regions to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England.
2
A body set up by a local authority, in exercise of powers under section 2 of the Local Government Act 2000 , to exercise management functions as agent of the local authority under an arrangement approved by the Secretary of State under section 27 of the Housing Act 1985 .
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments to regulation 20 (fees for examinations)
3
1
Regulation 20 shall be amended as follows.
2
In paragraphs (1)(d)(i), (da)(i), (e)(i) and (ea)(i), for “16” there shall be substituted “22”.
3
In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(e)(i) £50.50 £52 20(1)(e)(ii) £36 £37 20(1)(ea)(i) £84.50 £52 20(1)(ea)(ii) £46.50 £37 20(2A) £30 £31 £21.50 £22 20(2B) £7.50 £8
4
In paragraph (4), for the words “some or all” there shall be substituted the words “one or more”.
5
In paragraph (4), for the words prior to sub-paragraph (a) there shall be substituted the words —
Where either —
on an examination of a vehicle in Class VI constructed or adapted to carry more than 22 passengers, it is found that one or more of the prescribed statutory requirements are not complied with, or when, in the circumstances mentioned in regulation 16, a full examination of the braking system or systems of the vehicle is not carried out; or
on an examination of a vehicle in Class VIA constructed or adapted to carry more than 22 passengers, it is found that one or more of the prescribed statutory requirements, including those referred to in item 28A in paragraph 3A of Schedule 2, are not complied with,
then the fee payable in respect of a further examination —
.
6
In the heading above the Table in paragraph (4), for “CLASS VI” there shall be substituted “CLASS VI OR VIA”.
7
In column 1 of the Table in paragraph (4), for “Class VI” in both places where those words occur there shall be substituted “Class VI or VIA” and for “16” there shall be substituted “22”.
8
In the Table in paragraph (4), for the amounts specified in column (1) of the Table below there shall be substituted the amounts specified in column (2).
TABLE
(1) (2) (1)(Cont) (2)(Cont) (1)(Cont) (2)(Cont) Existing Substituted Existing Substituted Existing Substituted Amount (£) Amount (£) Amount (£) Amount (£) Amount (£) Amount (£)
24.50 25 58 60 36 37 40 41 88 91 57.50 59 29 (in column 4) 29.50 17.50 18 43.50 45 44.50 45.50 29 (in column 3) 30 65 67 50.50 52 22 22.50 80.50 83 33.50 34.50
9
Paragraphs (4A) and (4B) shall be deleted.
10
In paragraph (5), for “(1), (4), (4A) and (4B)” there shall be substituted “(1) and (4)”.
11
In paragraph (7), for “paragraphs (4) and (4B)” there shall be substituted “paragraph (4)”.
12
In paragraph (7)(c)(xvi), “and” shall be deleted.
Amendments to paragraph 5 of Schedule 2 (the prescribed statutory requirements for vehicles in Class VI)
4
In the Table in paragraph 5(b) of Schedule 2, after item 37, there shall be inserted the following items —
Item No Regulations Affecting
37A 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) Wheelchair restraining devices 37B 100(1) (insofar as it relates to the question whether the particulars opposite are fitted or, as the case may be, maintained so that no danger is likely to be caused) Features associated with wheelchairs, boarding devices (lifts, ramps), optical devices (to allow the driver to see the boarding area), signs and markings, communication devices, slip resistant surfaces, steps, floors and gangways, kneeling systems, lighting which is intended for wheelchair users to board or alight in safety"
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
6th March 2002