text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) ( No. 2) Regulations 2002 and shall come into force on 17th March 2002.
2
In these Regulations, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
3
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears, in accordance with paragraph 1(a) of Schedule 3A to the Decisions and Appeals Regulations (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support) —
i
from the first day of the benefit week which includes 24th March 2002; or
ii
if the claim for income support is for a period commencing after 24th March 2002, from the first day of the first benefit week commencing after 17th March 2002;
b
in a case where income support is paid to the claimant in advance, in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations from the first day of the first benefit week commencing after 24th March 2002,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “5.74 per cent.” there shall be substituted the words “5.34 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 2002
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 2002 are hereby revoked save that those Regulations shall continue to have effect until the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(3) of these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th February 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
3
These Regulations extend to England only.
General increase in fees
2
1
In regulation 10A of the 1989 Regulations —
a
in paragraph (5)(b), for “£95” substitute “£110”; and
b
in paragraph (6), for “£190” substitute “£220”, and for “£9,500” substitute “£11,000”.
2
In regulation 11A of the 1989 Regulations —
a
in paragraph (1)(a), for “£35” substitute “£40”; and
b
in paragraph (1)(b), for “£190” substitute “£220”.
3
In Part I of Schedule 1 to the 1989 Regulations —
a
in paragraphs 4(1) and 6(2), for “£190” substitute “£220”;
b
in paragraphs 7, 7A and 7B , for “£95” substitute “£110”; and
c
in paragraph 15(2), for “£190” substitute “£220” and for “£4,750” substitute “£5,500”.
4
For Part II of Schedule 1 to the 1989 Regulations (scale of fees), substitute the new Part II set out in Schedule 1 to these Regulations.
5
For Schedule 2 to the 1989 Regulations (scale of fees for advertisement applications), substitute the new Schedule 2 set out in Schedule 2 to these Regulations.
Revocation
3
Regulations 2 and 3 of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) Regulations 1997 are hereby revoked in relation to England.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Falconer
Minister of State,
Department for Transport, Local Government and the Regions
20th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Blackpool (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Blackpool;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Blackpool (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Blackpool Borough Council.
Wards of the borough of Blackpool
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be two.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Map
4
The Blackpool Borough Council shall make a print of the map marked “Map referred to in the Borough of Blackpool (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
5
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Blackpool (Electoral Changes) Order 1997 is revoked, save for article 3.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
29th August 2002
Glyn Mathias
Commissioner
13th August 2002
Neil McIntosh
Commissioner
7th August 2002
Karamjit Singh
Commissioner
7th August 2002
Sam Younger
Commissioner
7th August 2002
Graham Zellick
Commissioner
15th August 2002


text:
Title and commencement
1
These Regulations may be cited as the Hemp (Third Country Imports) Regulations 2002 and shall come into force on 1st May 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“applicant” means any person who has made an application for —
a licence; or
an authorisation;
“the appropriate authority” means, in respect of an import of hemp from a third country into —
England, the Secretary of State for Environment, Food and Rural Affairs;
Wales, the National Assembly for Wales;
Scotland, the Scottish Ministers; and
Northern Ireland, the Department of Agriculture and Rural Development;
“attestation” means the attestation made in relation to the use of hemp seeds other than for sowing following their import from a third country pursuant to the second sub-paragraph of Article 17a(2) of Commission Regulation 245/2001;
“authorisation” means an authorisation granted by the appropriate authority pursuant to the third indent of the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000 to import from third countries hemp seeds other than for sowing;
“authorised importer” means any person to whom an authorisation has been granted;
“authorised person” means —
a person (whether or not an officer of the appropriate authority) who is authorised by the appropriate authority, either generally or specifically, to act in matters arising under these Regulations; or
an officer of Customs and Excise;
“Commission Regulation 245/2001” means Commission Regulation ( EC ) No. 245/2001 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (as amended by Commission Regulation 1093/2001 and Commission Regulation 52/2002);
“Commission Regulation 1093/2001” means Commission Regulation (EC) No. 1093/2001 amending Regulation (EC) No. 245/2001 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre ;
“Commission Regulation 52/2002” means Commission Regulation (EC) No. 52/2002 amending Regulation (EC) No. 245/2001 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre ;
“Council Regulation 1673/2000” means Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre ;
“Council Regulation 1251/1999” means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“hemp” means one or more of the following —
true hemp;
hemp seeds for sowing;
hemp seeds other than for sowing;
“hemp seeds for sowing” means seeds of varieties within the terms of the second indent of the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000;
“hemp seeds other than for sowing” means seeds within the terms of the third indent of the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000;
“import”, when used as a noun, means an import into that part of the United Kingdom for which the appropriate authority concerned has responsibility under these Regulations;
“licence” means a licence to import hemp from one or more third countries granted by the appropriate authority pursuant to the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000;
“licensed importer” means any person to whom a licence has been granted;
“relevant consignment documentation” means —
a licence permitting the import of the consignment in question by the importer concerned, or a copy of that licence; and
in the case of an import of hemp seeds other than for sowing, the authorisation granted to that importer, or a copy of that authorisation.
“subsequent user” means —
any person who uses imported hemp seeds other than for sowing in any of the operations specified in the second sub-paragraph of Article 17a(2) of Commission Regulation 245/2001; or
any person taking delivery of hemp seeds other than for sowing from —
an authorised importer; or
any other person.
“ THC content” means the tetrahydrocannabinol content of hemp, based on quantitative determination by gas chromatography after extraction with a suitable solvent;
“third country” means a country other than a Member State of the European Community; and
“true hemp” means harvested plant material of the species Cannabis sativa L. within the terms of the first indent of the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000, whether or not the leaves and seeds have been removed, which is either —
raw; or
retted,
and “retted” means a state where the fibres are still attached to the plant but have been loosened.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 1673/2000, Commission Regulation 245/2001 and Commission Regulation 1093/2001.
3
In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is subsequently capable of being reproduced.
4
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Imports of hemp from third countries
3
No person shall import hemp from a third country —
a
except under authority of —
i
a licence; and
ii
in the case of the import of hemp seeds other than for sowing, an authorisation;
b
unless the consignment of hemp imported is accompanied by the relevant consignment documentation; and
c
in the case of true hemp or hemp seeds for sowing, where the variety of hemp imported has a THC content of more than 0.2 per cent.
Issue and use of licences
4
For the purposes of the second sub-paragraph of Article 17a(1) of Commission Regulation 245/2001, applications for, and the issue and use of, licences shall be in accordance with the requirements of regulations 5 to 8 below.
Applications for licences
5
An application for a licence shall —
a
be made to the appropriate authority;
b
be in writing;
c
contain such information as is necessary for the completion of the boxes numbered 4, 14, 15, 16, 17, 18, 20 and 24 of the licence replicated in the Annex to Commission Regulation 1093/2001; and
d
contain such other information, and be accompanied by such documents, as the appropriate authority may reasonably require.
Grant and variation of licences
6
1
The appropriate authority may —
a
grant a licence either unconditionally or subject to such conditions as it may determine; or
b
refuse to grant a licence.
2
The appropriate authority may vary a licence by varying any conditions to which it is subject, or by imposing conditions.
3
Before the appropriate authority decides to —
a
refuse to grant a licence pursuant to paragraph (1); or
b
vary a licence pursuant to paragraph (2),
it shall —
i
give the applicant or licensed importer, as the case may be, notice in writing of its proposed decision with a statement of its reasons;
ii
give that applicant or licensed importer an opportunity to make written representations within such time as the appropriate authority considers reasonable; and
iii
consider any such representations.
4
A licence or variation under this regulation shall be in writing.
Scope of licences
7
A licence shall permit the import from one or more third countries of —
a
a particular consignment of hemp; or
b
all consignments of hemp for a specified period, which period shall not exceed nine months.
THC content of licensed imports
8
1
For the purposes of the first and second indents of the first sub-paragraph of Article 5(2) of Council Regulation 1673/2000, an import of true hemp or hemp seeds for sowing from a third country shall be deemed to be an import of a variety of hemp having a THC content of not more than 0.2 per cent if the variety of true hemp or hemp seeds for sowing imported is a variety in respect of which area payments are capable of being made pursuant to Article 5a of Council Regulation 1251/1999.
2
Where an import of true hemp or hemp seeds for sowing from a third country does not fall within the scope of paragraph (1), it shall be deemed to be an import of a variety of hemp having a THC content of not more than 0.2 per cent if the consignment of true hemp or hemp seeds for sowing imported is accompanied by other evidence which demonstrates, in the reasonable opinion of the appropriate authority, that the consignment comprises a variety of true hemp or hemp seeds for sowing which has such a THC content.
Information
9
1
A licensed importer shall supply to the appropriate authority such information about an import of hemp from a third country as the appropriate authority may reasonably require.
2
Any information supplied pursuant to paragraph (1) shall be supplied within such period as the appropriate authority may reasonably determine.
Record keeping
10
1
Subject to paragraphs (2) and (3), a licensed importer shall keep any contract, bill, invoice, account, receipt or any other document relating to an import of hemp from a third country for —
a
four years, in the case of an import of hemp seeds other than for sowing; and
b
three years, in the case of an import of any other class of hemp, beginning from the end of the year in which it was drawn up.
2
If the licensed importer transfers the original of any such document to another person in the normal course of business, he shall instead keep a copy of that document for that period.
3
Paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.
Authorisations
11
1
An application for an authorisation shall —
a
be made to the appropriate authority;
b
be in writing; and
c
contain such information, and be accompanied by such documents, as the appropriate authority may reasonably require.
2
Subject to paragraph (3), the appropriate authority may —
a
grant an authorisation either unconditionally or subject to such conditions as it may determine; or
b
refuse to grant an authorisation.
3
The appropriate authority shall not grant an authorisation unless it is satisfied that the applicant —
a
has sufficient experience in carrying out the business of importing hemp seeds other than for sowing; or
b
has demonstrated, by producing documentary or other evidence, that any hemp seeds other than for sowing to be imported under that authorisation will undergo a legitimate operation.
4
For the purposes of paragraph (3) —
“sufficient experience” means experience gained over a period of at least two years;
and
“legitimate operation” means one or more of the operations specified in the three indents of the second sub-paragraph of Article 17a(2) of Commission Regulation 245/2001.
5
The appropriate authority may vary an authorisation by varying any conditions to which it is subject, or by imposing conditions.
6
Before the appropriate authority decides to —
a
refuse to grant an authorisation pursuant to paragraph (2); or
b
vary an authorisation pursuant to paragraph (3),
it shall —
i
give the applicant or authorised importer, as the case may be, notice in writing of its proposed decision with a statement of its reasons;
ii
give that applicant or authorised importer an opportunity to make written representations within such time as the appropriate authority considers reasonable; and
iii
consider any such representations.
7
An authorisation or variation under this regulation shall be in writing.
Attestations
12
For the purposes of the fourth sub-paragraph of Article 17a(2) of Commission Regulation 245/2001, the information provided in an attestation shall include the reference number of any licence under which the hemp seeds other than for sowing to which the attestation relates were imported.
Powers of authorised persons
13
1
An authorised person may at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of ascertaining whether —
a
the use of hemp seeds other than for sowing is in accordance with the attestation made in respect of them;
b
an offence under regulation 16 has been or is being committed;
c
any obligation relating to the import of hemp from a third country imposed by Council Regulation 1251/1999, Council Regulation 1673/2000, or Commission Regulation 245/2001 is not being fulfilled.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be land occupied by, or in the possession of —
a
an applicant;
b
a licensed importer; or
c
a subsequent user.
3
An authorised person who has entered any land by virtue of paragraph (2) may —
a
inspect that land for the purpose of determining whether or not —
i
it has been planted with hemp seeds for sowing; and
ii
imported hemp is being stored there.
b
examine any imported hemp found on that land;
c
seize and remove that imported hemp.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised person may —
a
require an applicant, licensed importer or subsequent user, or any employee, servant or agent of that applicant, licensed importer or subsequent user, to produce any relevant consignment documentation and to supply any record or such additional information in that person’s possession or under his control relating to an application for a licence or authorisation or an import of hemp as the authorised person may reasonably request;
b
inspect any relevant consignment document or any such record and, where any such documentation or record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that documentation or record;
c
require that copies of, or extracts from, any relevant consignment documentation or any such record by produced; and
d
seize and retain any relevant consignment documentation or any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such documentation or record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
14
An applicant, licensed importer or subsequent user, or any employee, servant or agent of that applicant, licensed importer or subsequent user, shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 13.
Suspension or revocation of licences or authorisations
15
1
Where a licensed importer or authorised importer is guilty of an offence under regulation 16, the appropriate authority may —
a
suspend or revoke any licence granted pursuant to regulation 6 to that licensed importer; and
b
suspend or revoke any authorisation granted pursuant to regulation 11 to that authorised importer.
2
Before the appropriate authority decides to revoke a licence or authorisation pursuant to paragraph (1) it shall —
i
give the licensed importer or authorised importer, as the case may be, notice in writing of its proposed decision with a statement of its reasons;
ii
give that licensed importer or authorised importer an opportunity to make written representations within such time as the appropriate authority considers reasonable; and
iii
consider any such representations.
3
A suspension or revocation under this regulation shall be in writing.
Offences
16
It shall be an offence for any person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 3, 9 or 10, or any obligation imposed by Article 17a of Commission Regulation 245/2001;
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 13;
c
without reasonable excuse, to fail to comply with a request made under regulation 14; or
d
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with —
i
any requirement imposed by regulation 9; or
ii
any request made pursuant to regulation 14.
Punishment of offences
17
1
A person guilty of an offence under regulation 16(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 16(d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
18
1
Proceedings for an offence under regulation 16 may, subject to paragraph (2) below, be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be brought by virtue of this regulation more than two years after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence, and in relation to proceedings in Scotland shall be sufficient evidence, of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
19
1
Where a body corporate is guilty of an offence under regulation 16, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
For the purposes of paragraph (1), references to a “body corporate” include references to a partnership in Scotland, and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
25th March 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption (Amendment) Order 2002 and shall come into force on 1st January 2003.
Amendment
2
In article 9 of the Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2001 , for the words “31st December 2002” there shall be substituted “31st March 2005”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
4th December 2002


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002 and shall come into force on 3rd May 2002.
Specification of functions
2
The functions exercisable by the Scottish Ministers under the enactments mentioned in the Schedule to this Order are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Revocation of the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2001
3
The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2001 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Northallerton Health Services National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The Northallerton Health Services National Health Service Trust is hereby dissolved and accordingly the Northallerton Health Services National Health Service (Establishment) Order 1991 is revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th March 2002


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Health Authorities (Establishment and Abolition) (England) Order 2002 and shall come into force on 1st April 2002.
2
This Order extends to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 1977;
“ Glossop ” means the wards of All Saints, Gamesley, St. Andrews, St. Charles, St. James, St. Johns, Simmondley and Tintwistle within the borough of High Peak in the county of Derbyshire;
“local representative committee” means a Local Medical Committee, Local Dental Committee, Local Optical Committee or Local Pharmaceutical Committee recognised under section 44 of the Act ;
“the material date” means 1st April 2002;
“the new Authorities” means the Health Authorities established by this Order, which are specified in Schedule 1 to this Order;
“the old Authorities” means the Health Authorities specified in column (1) of Schedule 2 to this Order;
“the 1992 Regulations ” means the National Health Service (Service Committees and Tribunals) Regulations 1992 ;
“relevant health service body” has the same meaning as in section 92 of the Act;
“the relevant new Authority” means, in relation to any old Authority specified in column (1) of Schedule 2 to this Order, the new Authority which is specified in column (2) of that Schedule in relation to that old Authority.
Abolition of Health Authorities
2
The old Authorities are abolished.
Establishment, names and areas of the new Authorities
3
For each of the areas described in column (2) of Schedule 1 to this Order there is established a Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.
Transfer of property, rights and liabilities
4
1
Subject to paragraph (2) and article 8 below, all the property, rights and liabilities of the old Authorities are transferred in each case from the old Authority in question to the relevant new Authority.
2
Paragraph (1) above does not apply to any property, rights or liabilities which are to be transferred on the material date to a relevant health service body by an order under section 92 of the Act.
Accounts of old Authorities
5
Any duty imposed on any of the old Authorities by or under section 98 of the Act, but not performed by the material date, shall be performed by the relevant new Authority.
Winding up of affairs of old Authorities
6
It is the duty of each new Authority to take such action as may be necessary for the winding up of the affairs of any old Authority in relation to which it is the relevant new Authority.
Provision for continuity in the exercise of functions
7
1
Subject to paragraph (2) and articles 8 and 9 below, anything done by or in relation to any of the old Authorities shall be deemed to have been done by or in relation to the relevant new Authority.
2
Paragraph (1) above does not apply to any recognition granted by any of the old Authorities in relation to any local representative committee.
3
Any instrument made by any of the old Authorities continues in force in relation to the relevant new Authority until it is varied or revoked by the relevant new Authority.
4
Any form supplied by any of the old Authorities, or any form supplied by the Secretary of State in relation to any of the old Authorities continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the relevant new Authority.
Special provision on rights, liabilities and functions in relation to Glossop
8
1
Where any rights or liabilities of the old Authority known as the West Pennine Health Authority were respectively acquired or incurred in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, those rights and liabilities are transferred to the new Health Authority known as the Trent Health Authority.
2
Where anything was done by or in relation to the old Health Authority known as the West Pennine Health Authority in connection with any services to be provided in Glossop by any person, then, in relation to any such services as are, or are to be, so provided on or after the material date, the thing shall be deemed to have been done by or in relation to the new Health Authority known as the Trent Health Authority.
Committees appointed or recognised by the old Authorities
9
1
Subject to paragraphs (2) to (7) below, a reference committee or a professional committee appointed by an old Authority under regulation 3(4) or 15 of the 1992 Regulations, or a discipline committee appointed by an old Authority under regulation 3(1) of those Regulations, may, notwithstanding the abolition of the old Authority by this Order, exercise any relevant functions under those Regulations, in relation to any matter which was referred to it before the material date, as if it were a committee appointed by the relevant new Authority.
2
Paragraph (3) below applies where —
a
before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to another old Authority (B) for investigation by a discipline committee appointed by that Authority;
b
the hearing before the discipline committee has not taken place before the material date;
c
by virtue of article 7 above, the acts done by (A) and (B) are deemed to have been done by a new Authority (C); and
d
by virtue of paragraph (1) above, the discipline committee investigating the matter is also deemed to have been appointed by the new Authority (C).
3
Where this paragraph applies, the new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (D) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (C), for the investigation to be continued by a discipline committee appointed by that new Authority (D).
4
Where the investigation of a matter is transferred as referred to in paragraph (3) above —
a
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (D); and
b
anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (D).
5
Paragraph (6) below applies where —
a
before the material date, an old Authority (A) refers a matter pursuant to regulation 5 of the 1992 Regulations to an old Authority (B) for investigation by a discipline committee appointed by that Authority;
b
the hearing before the discipline committee has not taken place before the material date;
c
by virtue of article 7 above, a new Authority (C) is deemed to be the Authority to which the matter has been referred for investigation;
d
by virtue of article 7 above, a new Authority (D) is deemed to be the Authority which referred the matter for investigation; and
e
by virtue of paragraph (1) above, the discipline committee investigating the matter is deemed to have been appointed jointly by the new Authority (C) and by the new Authority (D) (whether or not together with another new Authority or Authorities).
6
Where this paragraph applies, new Authority (C) shall take no further steps in the investigation of the matter and shall transfer the investigation to another new Authority (E) which has not appointed, and has not, by virtue of paragraph (1) above, been deemed to have appointed, any disciplinary committee jointly with the new Authority (D), for the investigation to be continued by a discipline committee appointed by new Authority (E).
7
Where the investigation of a matter is transferred as referred to in paragraph (6) above —
a
anything done in relation to the investigation of the matter by or in relation to the discipline committee appointed by the old Authority (B) shall be deemed to have been done by or in relation to the discipline committee appointed by the new Authority (E); and
b
anything done in relation to the investigation of that matter by or in relation to the old Authority (B) shall be deemed to have been done by or in relation to the new Authority (E).
8
A local representative committee recognised by an old Authority, may, notwithstanding the abolition of the old Authority by this Order, exercise any functions given to it under —
a
the 1992 Regulations;
b
the National Health Service (General Dental Services) Regulations 1992 ;
c
the National Health Service (General Medical Services) Regulations 1992 ;
d
the National Health Service (General Ophthalmic Services) Regulations 1986 ;
e
the National Health Service (Pharmaceutical Services) Regulations 1992 ;
f
the National Health Service (Proposals for Pilot Schemes) and (Miscellaneous Amendments) Regulations 1997 ; or
g
the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 ,
in relation to any matter which was referred to it, or initiated by it, before the material date, as if it were a committee recognised by the relevant new Authority.
9
A joint committee of two or more Local Medical Committees recognised under section 44 of the Act, which is constituted under regulation 16 of the 1992 Regulations, may, notwithstanding the abolition by this Order of the old Authorities which recognised those Committees, exercise any functions given to it under that regulation 16, in relation to any matter which was referred to it before the material date, as if it were a joint committee so constituted of Local Medical Committees recognised by the relevant new Authority.
Investigation of complaints by the Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old Authorities, whether made before, on or after the material date may be investigated by the Commissioner notwithstanding the abolition of the old Authorities, as if the complaint has been made in relation to the relevant new Authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new Authority.
Revocation
11
The orders specified in Schedule 3 to this Order are revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
PART 1
Preliminary
Citation and commencement
1
These Regulations may be cited as the School Companies Regulations 2002 and shall come into force on 20th January 2003 .
Interpretation
2
1
In these Regulations–
“the 2002 Act ” means the Education Act 2002;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the constitution of a school company” means the company’s memorandum and articles of association;
“executive director” means a director who provides services to the company for remuneration or other benefits whether or not under a contract of service;
“a further education institution” means —
an institution which has been designated by order of the Secretary of State under section 28 of the Further and Higher Education Act 1992 ; or
an institution conducted by a further education corporation as defined by section 17(1) of the Further and Higher Education Act 1992;
“a higher education institution” means —
an institution conducted by a higher education corporation as defined by section 90(1) of the Further and Higher Education Act 1992;
a university; or
an institution which has been designated by order of the Secretary of State as eligible to receive funding from a higher education council under section 129 of the Education Reform Act 1988 ;
“non-executive director” means a director who does not provide services to the company for remuneration or other benefits;
“a relevant local education authority” means a local education authority which maintains any schools whose governing bodies are members of the school company;
“a school company” means a company to which these Regulations apply in accordance with Regulation 4;
“supervising authority” means the local education authority designated in accordance with Part 4 of these Regulations to supervise a school company.
2
For the purposes of these regulations a school is “subject to special measures” if–
a
a report of an inspection of the school has been made under either Part 1 of the School Inspections Act 1996 or section 65 or 83 of the Learning and Skills Act 2000 in which the person making it stated that in his opinion special measures were required to be taken in relation to the school; and
b
either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and
c
the report has not been superseded by any subsequent report in which the person making it stated that in his view special measures were not required to be taken relation to the school.
3
For the purposes of these regulations a school “has serious weaknesses” if–
a
a report of an inspection of the school has been made under Part 1 of the School Inspections Act 1996 in which the person making it stated that in his opinion the school had serious weaknesses; and
b
that report has not been superseded by a subsequent report stating that in the opinion of the person writing the report the school either, no longer has serious weaknesses, or stating that special measures are required to be taken in relation to the school.
Definition of “an agreement under the private finance initiative”
3
1
For the purposes of these Regulations “an agreement under the private finance initiative” means an agreement to which paragraph (3) or (4) of this regulation applies.
2
In this regulation–
“asset” means–
any tangible asset, including any land, building or equipment; or
any computer software;
“works” means the construction, enhancement, replacement or installation of an asset.
3
This paragraph applies to an agreement where–
a
consideration is received by the governing body of a maintained school under the agreement and that consideration includes–
i
the provision or making available of an asset or the carrying out of works for the purposes of, or in connection with, the discharge of a function of the governing body; and
ii
the provision of services for the purposes of, or in connection with, the discharge of the same function;
b
the governing body do not give to any other person any indemnity or guarantee in respect of any liabilities of the person with whom they enter into the transaction (whether those liabilities are incurred in respect of the transaction or otherwise);
c
the consideration given by the governing body under the transaction includes the payment of fees by instalments at annual or more frequent intervals;
d
the fees are determined in accordance with factors which in every case include–
i
standards attained in the performance of the services; or
ii
the extent, rate or intensity of use of the asset, or as the case may be of the asset which is constructed enhanced, replaced or installed under the transaction; and
e
the first instalment of fees falls to be paid after the services have started to be provided.
4
This paragraph applies to an agreement where private finance initiative credits are given to a local authority in respect of that agreement.
Companies governed by these Regulations
4
These Regulations apply in relation to any company whose members include the governing body of a maintained school which has exercised its powers under section 11 of the 2002 Act to become a member of the company, except where–
a
the main purpose of the members in forming the company is to enter into or facilitate agreements under the private finance initiative; and
b
one of the company’s objects is to enter into or facilitate agreements under the private finance initiative .
PART 2
Restrictions on School Companies
Persons who may be admitted to membership of School Companies
5
1
The constitution of a school company must provide that the company must not admit to its membership any person who is not listed in paragraph (2) below.
2
The following persons may be members of a school company–
a
the governing body of a maintained school;
b
a local authority in England;
c
the proprietor of an independent school or the governing body of an independent school (if the governing body has legal personality), which provides full-time education for five or more pupils of compulsory school age;
d
a company which has as a significant proportion of its business the provision of education or educational or ancillary services or goods;
e
the governing body of a further or higher education institution (within the meaning of section 90(1) of the Further and Higher Education Act 1992) if it has legal personality;
f
any individual who is not excluded by Schedule 1.
Restriction on entering into contracts in which a director of the company has an interest
6
1
If the constitution of a school company permits it to enter into contracts in which a director of the company has an interest, then the constitution shall provide that the company may only enter into such a contract if:–
a
the goods or services supplied to the company under the contract are required by the company; and
b
the nature and level of consideration is no more than is reasonable in relation to the value of the goods or services.
2
For the purposes of paragraph (1), a director has an interest in a contract if the following conditions are met and one of the conditions in paragraph (3) is met:–
a
the contract is for the supply of goods or services in return for a payment or other material benefit; and
b
the contract is not for the supply of services within the scope of the ordinary duties of the director.
3
The conditions in this paragraph are that:–
a
the director is a party to the contract;
b
a firm of which the director is a partner is party to the contract; or
c
a company or unincorporated association of which he is a member, is a party to the contract and where the company of which he is a member is limited by shares, he is a member holding more than 1% of the issued share capital of the company.
Procedure in meetings of the directors if a director has an interest in a matter to be discussed
7
The constitution of a school company must provide that whenever a director has an interest, whether pecuniary or non-pecuniary, in a matter to be discussed at a meeting of the directors or a committee, the director concerned must:–
a
declare an interest at the time that, or before, discussion begins on the matter;
b
withdraw from the meeting for that item;
c
not be counted in the quorum for that part of the meeting; and
d
withdraw during the vote and have no vote on the matter.
Directors of School Companies and their remuneration
8
1
The constitution of a school company must provide that at least 40% of the directors of the company at any one time shall be non-executive directors.
2
The constitution of a school company must provide that:–
a
there shall be a remuneration committee;
b
the members of the remuneration committee shall all be non-executive directors;
c
the remuneration committee shall recommend to the directors of the company the terms of service and remuneration of the executive directors; and
d
the terms of service and remuneration of the executive directors shall be determined either by the directors as a whole on the recommendation of the remuneration committee, or by the remuneration committee alone.
Procedure for deciding remuneration and benefits of directors
9
The constitution of a school company must provide that no director is entitled to be present or to vote when his own remuneration or his own terms of service are being discussed. However, the constitution may allow the directors of the company to vote upon benefits, including the provision of pensions and insurance, which are provided equally for all directors or all executive directors of the company.
Application of any surplus or profits of a school company
10
The constitution of a school company must provide that:–
a
any surplus or profits generated by the company are to be applied to further the objects of the company and shall not be distributed among the members; or
b
any surplus or profits generated by the company are to be distributed among the members according to proportions or procedures set out in the company’s constitution; or
c
any surplus or profits generated by the company may be applied to further the objects of the company or distributed among the members according to proportions or procedures set out in the company’s constitution.
Permission required before a school company may borrow
11
The constitution of a school company must provide that the company shall not borrow any funds, whether secured or unsecured, without the permission of the company’s supervising authority.
Restriction on school funding of school companies
12
Where a governing body of a maintained school, which is a member of a school company, is spending money as agent of its local education authority by virtue of section 49(5) of the 1998 Act, it must only make payments to that company in the following circumstances:–
a
as consideration for services or goods that the company has supplied or procured for the school; or
b
where such payment is necessary or expedient to enable the company to pursue its objects.
Circumstances where a governing body must withdraw from a school company
13
If a maintained school whose governing body is a member of a school company has its delegated budget suspended under section 17 of the 1998 Act then that school’s governing body must either:–
a
reduce their involvement in the management of the company in accordance with regulation 32; or
b
resign as a member of the company.
Notice required if a member wishes to leave a company
14
The constitution of a school company must provide that a member of the company may resign that membership at his own discretion but only after he has given every member of the company and the company itself 12 weeks notice of his resignation.
PART 3
Seeking Consent to Become a Member of a School Company
Grounds on which a local education authority may refuse permission to a school governing body to become a member of a school company
15
Where the governing body of a maintained school seek the consent of the local education authority to form or become a member of a company in exercise of their powers under section 11 of the 2002 Act, the local education authority must give that consent unless–
a
the school is subject to special measures;
b
the school has serious weaknesses;
c
the local education authority considers that the school is likely to become subject to special measures or be assessed as having serious weaknesses within the next year;
d
the school has a deficit budget;
e
the governing body of the school has, within the last 3 years, been a member of a school company which became insolvent at a time when the governing body was a member; or
f
the governing body of the school has been a member of a company which failed to act in accordance with these regulations within the last 3 years.
Duty to provide written reasons for refusal
16
Where the local education authority does not consent to a governing body becoming a member of a school company, it must provide written reasons for its refusal.
PART 4
The Supervising Authority for a School Company
Designation of a supervising authority by a school company
17
1
Each school company must have a local education authority designated as its supervising authority.
2
Where the governing bodies of maintained schools who are members of a school company, are all from schools which are maintained by one local education authority, then, subject to paragraph (5), that local education authority is the supervising authority for that school company and the school company shall designate it as such.
3
Where the membership of a school company includes governing bodies of maintained schools maintained by more than one local education authority and there is only one relevant local education authority that is not a member of the school company then, subject to paragraph (5), that local education authority is the supervising authority for the school company and the school company shall designate it as such.
4
A school company shall designate its supervising authority in accordance with this regulation by serving written notice of the designation on the supervising authority and all relevant local education authorities within 28 days of these Regulations applying to the company.
5
Where one of the purposes of a school company is to provide services or facilities for schools and the company considers it likely that it will be competing with the local education authority who would be its supervising authority, the company may request the Secretary of State to designate a different local education authority as the company’s supervising authority.
Designation of a supervising authority by the relevant local education authorities
18
1
This regulation applies to any school company where neither regulation 17(2) nor 17(3) applies.
2
Where this regulation applies the relevant local education authorities must:–
a
agree which of them to designate as the supervising authority within 28 days of this regulation applying to the company; or, in the absence of such agreement,
b
notify the Secretary of State, in writing, that they cannot agree, within 28 days of this regulation applying to the company, and request that he designate a supervising authority for the school company.
Designation of a supervising authority by the Secretary of State
19
1
Where the Secretary of State designates a local education authority as the supervising authority for a company he shall serve written notice of the designation on the supervising authority, the company and all the relevant local education authorities specifying the date on which the designation takes effect.
2
The Secretary of State may, where he has designated a local education authority as the supervising authority, revoke that designation and may designate another relevant local education authority as the school company’s supervising authority.
Written notice required when the Secretary of State revokes the designation of a supervising authority
20
1
The Secretary of State may revoke the designation of a supervising authority and designate a new supervising authority under regulation 19(2) by serving written notice of the revocation and designation on the school company, the supervising authority and all the relevant local education authorities.
2
Any such notice must specify the date on which the local education authority designated as the supervising authority ceases to be the supervising authority and either:–
a
specify the new supervising authority and the date on which it becomes the new supervising authority; or
b
specify the date by which the relevant local education authorities must notify the Secretary of State either–
i
of the authority which they have agreed to designate as the supervising authority; or
ii
that they cannot agree and request that he designate a supervising authority for the company.
Supervising authority may resign
21
Where a local education authority has been designated as the supervising authority for a school company by agreement under regulation 18(2)(a), 20(2)(b)(i) or 23(a), that authority may, after it has been the supervising authority for two years, resign from its role as supervising authority by serving 56 days notice on the company and all the relevant local education authorities.
Circumstances in which the supervising authority must resign
22
If the supervising authority of a school company is a relevant local education authority and all the governing bodies of schools maintained by the supervising authority cease to be members of the company, the supervising authority must resign from its role as supervising authority by serving 56 days notice on the company and all the relevant local education authorities.
Procedure where a supervising authority resigns
23
Where a supervising authority resigns under regulation 21 or 22 the relevant local education authorities must, within 28 days of receipt of the notice, either:–
a
agree which authority to designate as the supervising authority; or, in the absence of such agreement,
b
notify the Secretary of State that they cannot agree and request that he designate a supervising authority for the school company.
Notification required if a company ceases to be a school company
24
If a company ceases to be a school company it shall notify its supervising authority in writing of that fact within 7 days and specify the date on which it ceased to be a school company. The supervising authority shall notify any other relevant local education authorities and the Secretary of State that the company has ceased to be a school company within 28 days of receipt of the notice from the company.
Initial functions of a supervising authority
25
When a local education authority becomes the supervising authority for a school company it must provide the Secretary of State with the following information, in writing, within 28 days of becoming the supervising authority:–
a
the members of the company;
b
the name and registered number of the company; and
c
the fact that it is the supervising authority for the company.
Duties of a supervising authority
26
A supervising authority has a duty to:–
a
monitor the management and finances of the school company; and
b
notify members of the company and relevant local education authorities if it considers that the company is poorly managed or there is a risk of the company becoming insolvent.
Duty to notify Secretary of State
27
A supervising authority must notify the Secretary of State, in writing within 28 days, of the following events:–
a
changes to the company’s membership, name and registered number; and
b
if it ceases to be a relevant local education authority.
Duty of a school company to provide information and accounts to its supervising authority
28
1
A school company must, within 10 months of a governing body of a maintained school becoming a member of the company, prepare audited accounts covering the first six months of its operation as a school company and provide a copy of those audited accounts to its supervising authority.
2
A school company must provide a copy of its annual audited accounts to its supervising authority within 28 days of the audited accounts being approved or qualified by its auditors.
3
A school company must provide a copy of its constitution to its supervising authority within 28 days of that local education authority becoming the company’s supervising authority.
4
A school company must, within 28 days of any changes to its constitution being made, provide a copy of its amended constitution to the supervising authority and notify the authority of the date on which the changes took effect.
Powers of a supervising authority
29
A supervising authority may exercise the following powers:–
a
it may direct the company to provide it with such information on the company’s constitution, finances, management and contracts to which the company is a party, as the supervising authority requests;
b
it may direct the company to take specified steps in order to comply with these Regulations;
c
it may direct the governing body of a maintained school which is a member of the company to reduce its involvement in the management of the company in accordance with regulation 32;
d
it may direct the governing body of a maintained school which is a member of the company to resign as a member of the company in accordance with regulation 33.
Circumstances where a supervising authority must direct a governing body
30
1
A supervising authority must direct the governing body of a maintained school to either reduce its involvement in the management of the school company or resign as a member of the company in the following circumstances:–
a
the school is subject to special measures;
b
the school has serious weaknesses;
c
the supervising authority considers that the school is likely to become subject to special measures or be assessed as having serious weaknesses within the next year; or
d
the school has a deficit budget.
2
A supervising authority must direct all the governing bodies of maintained schools who are members of a school company to resign as a member of the company if it fails to comply with a direction under regulation 29(b).
Procedures relating to directions from a supervising authority
31
1
Before a supervising authority may direct a governing body to either reduce its involvement in the management of a school company or resign as a member of the company, it must give the governing body and the company a warning notice stating its intention to make such a direction and its reasons for doing so. Such a warning notice must be served at least 28 days before the direction is issued.
2
The governing body or the company may make representations to the supervising authority following receipt of a warning notice, stating why they consider the intended direction to be inappropriate. Any such representations must be served on the supervising authority, in writing, within 14 days of receipt of the warning notice.
Direction to a governing body to reduce its involvement in the management of a school company
32
Where a supervising authority directs a governing body to reduce its involvement in the management of the company the governing body must:–
a
give notice as soon as practicable to the company and to each of the company members that it has been so directed;
b
secure that employees of the governing body or of the local education authority who are employed to work at the school are not actively engaged in the company’s affairs within 28 days of the direction, without prejudice to any right of the governing body to be represented at meetings of the members; and
c
cease to make any payments to the school company unless such payments are required to settle outstanding liabilities or to pay for goods, facilities or services required by the school.
Direction to a governing body to resign from a school company
33
Where a supervising authority directs a governing body to resign as a member of the company the governing body shall, within 7 days of the direction, give the company 12 weeks notice of its resignation. During that notice period it shall, as soon as practicable:–
a
secure that employees of the governing body or of the local education authority who are employed to work at the school, are not actively engaged in the company’s affairs, without prejudice to any right of the governing body to be represented at meetings of the members;
b
cease to make any payments to the school company unless such payments are required to settle outstanding liabilities or to pay for goods, facilities or services required by the school.
Notification and revocation of a direction to a governing body
34
1
Where a supervising authority directs a governing body to resign as a member of the company, the supervising authority must notify the company of the direction to the governing body within 7 days of issuing the direction.
2
A supervising authority may, at any time, revoke a direction given to a governing body under regulation 29 by informing the governing body, in writing, that the direction is revoked.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redditch and Bromsgrove Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Redditch and Bromsgrove Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the Redditch and Bromsgrove Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Worcestershire Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make officers of the Authority available to the trust during the preparatory period.
3
The Worcestershire Community and Mental Health National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
1
This Order may be cited as the A614 Trunk Road (Leapool to Ollerton and Blyth to Bawtry) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A614 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/421, marked “The A614 Trunk Road (Leapool to Ollerton and Blyth to Bawtry) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 and shall come into force on 1st October 2002.
2
In these regulations “the principal regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
3
These regulations apply to England only.
Amendment of regulation 2 of the principal regulations
2
Paragraph (1) of regulation 2 of the principal regulations (interpretation) is amended as follows:
a
in the definition of “chemist”, after “pharmaceutical services” there is inserted “or local pharmaceutical services”;
b
after the definition of “exemption certificate” there is inserted —
“local pharmaceutical services” means services that are both —
of a kind which may be provided under section 41 of the Act or by virtue of section 41A of the Act, other than practitioner dispensing services; and
provided under a pilot scheme as defined in section 28(2) of the Health and Social Care Act 2001;
;
c
in the definition of “patient”, in paragraph (b), after “pharmaceutical services” there is inserted “or local pharmaceutical services”; and
d
in the definition of “prescription form” —
i
“a Health Authority,” is omitted; and
ii
after “pharmaceutical services” there is inserted “or local pharmaceutical services”.
Amendment of regulation 3 of the principal regulations
3
Regulation 3 of the principal regulations (supply of drugs and appliances by chemists) is amended as follows:
a
in paragraph (1), after “pharmaceutical services” there is inserted “or local pharmaceutical services”;
b
in paragraph (5) —
i
after “terms of service”, there is inserted “on agreement to provide local pharmaceutical services”; and
ii
after “pharmaceutical services” there is inserted “or local pharmaceutical services”; and
c
in paragraph (7) —
i
for “Health Authority” there is substituted “Primary Care Trust”; and
ii
after “pharmaceutical services” there is inserted “or local pharmaceutical services”.
Amendment of regulation 4 of the principal regulations
4
In Regulation 4 of the principal regulations (supply of drugs and appliances by doctors), in paragraph (7), for “Health Authority” there is substituted “Primary Care Trust”.
Amendment of regulation 5 of the principal regulations
5
Regulation 5 of the principal regulations (supply of drugs and appliances by health authorities, NHS trusts and primary care trusts) is amended as follows:
a
in paragraph (1), “A Health Authority,” is omitted;
b
in paragraph (3), “Health Authority,” is omitted; and
c
in paragraph (6), for “A Health Authority,” there is substituted “An”.
Amendment of regulation 6 of the principal regulations
6
Regulation 6 of the principal regulations (supply of drugs and appliances at walk-in centres) is amended as follows:
a
in paragraph (1), “Health Authority,” is omitted;
b
in paragraph (3), “Health Authority,” is omitted; and
c
in paragraph (5), for “A Health Authority,” there is substituted “An”.
Amendment of regulation 7 of the principal regulations
7
Regulation 7 of the principal regulations (exemptions) is amended as follows:
a
in paragraph (1)(d) and (1)(e), for “a Health Authority” there is substituted “the Secretary of State”;
b
in paragraph (6)(a), after “pharmaceutical services” there is inserted “or local pharmaceutical services”; and
c
for paragraph (7) there is substituted —
7
Where a claim to exemption has been made but is not substantiated, and in consequence of the claim a charge has not been recovered —
a
if the drugs or appliances were supplied by an NHS Trust, then that NHS Trust shall recover that charge from the person concerned; or
b
if the drugs or appliances were supplied by —
i
a Primary Care Trust,
ii
a chemist on a Primary Care Trust’s list; or
iii
a chemist who has entered into an agreement with a Primary Care Trust to provide local pharmaceutical services,
then that Primary Care Trust shall recover that charge from the person concerned.
.
Amendment of regulation 8 of the principal regulations
8
Regulation 8 of the principal regulations (certificates of exemption — application and issue) is amended as follows:
a
in paragraph (1) —
i
for “Health Authority” there is substituted “Secretary of State”; and
ii
for “Department of Social Security” there is substituted “Ministry of Defence”;
b
in paragraph (2) —
i
for “A Health Authority” there is substituted “The Secretary of State”; and
ii
after “be valid” there is inserted “from the first day of the month in which the Secretary of State received the application made under paragraph (1)”; and
c
for paragraph (3) there is substituted —
3
The Secretary of State, on being satisfied that an applicant, not being a person entitled to exemption under the provisions of regulation 7(1)(a), (b) or (c), is entitled to exemption under regulation 7(1)(e) shall issue to the applicant an exemption certificate which shall be valid —
a
from the first day of the month in which the Secretary of State received the application made under paragraph (1); and
b
for such period as the Secretary of State may determine.
.
Amendment of regulation 9 of the principal regulations
9
Regulation 9 of the principal regulations (pre-payment certificates) is amended as follows:
a
in paragraph (1) —
i
for “a Health Authority” there is substituted “the Secretary of State”; and
ii
for “who duly completes and submits an application for it on a form provided for the purpose” there is substituted —
who provides the Secretary of State with all the information the Secretary of State requires to determine an application, by —
a
duly completing and submitting an application for it on a form provided for the purpose; or
b
providing the Secretary of State with that information in a manner that is acceptable to the Secretary of State”
b
for paragraph (4) there is substituted —
4
A pre-payment certificate shall be valid —
a
from a date before the application is made, where that date —
i
was specified by the applicant when making the application; and
ii
is no more than one month prior to the date upon which the application was made under paragraph (1); or
b
from a date after the application is made, where that date —
i
was specified by the applicant when making the application; and
ii
is no more than one month after the date upon which the application was made under paragraph (1); or
c
if the applicant does not specify a date under sub-paragraphs (a)(i) and (b)(i), from the date upon which the application is received.
;
c
in paragraph (13) for “Health Authority which received the prescribed sum” there is substituted “Secretary of State”; and
d
in paragraph (15) for “Health Authority shall accept it if the Secretary of State is” there is substituted “Secretary of State shall accept it if”.
Amendment of regulation 10 of the principal regulations
10
Regulation 10 of the principal regulations (repayment of charges) is amended as follows:
a
in paragraph (2)(d), after “receipt” there is inserted “which is given under regulation 3(6), 4(6), 5(6), 6(5) or 6A(5)”; and
b
in paragraph (3), “Health Authority,”, in both places where it occurs, is omitted.
Amendment of regulation 11 of the principal regulations
11
Regulation 11 of the principal regulations (arrangements between NHS bodies and local authorities) is amended as follows:
a
for “a Health Authority,” there is substituted “an”; and
b
in the second place where it occurs, “Health Authority”, is omitted.
Signed by Authority of the Secretary of State
David Lammy
Parliamentary Under-Secretary of State
Department of Health
11th September 2002


text:
1
This Order may be cited as the Police (Secretary of State’s Objectives) Order 2002 and shall come into force on 1st April 2002.
2
The Police (Secretary of State’s Objectives) ( No. 3) Order 1999 is hereby revoked.
3
The objectives for the policing of the areas of all police authorities established under section 3 of the Police Act 1996 and of the Metropolitan Police Authority are —
a
to help create safe communities by reducing crime, anti-social behaviour and disorder through effective partnership working, including reducing the availability and use of Class A drugs;
b
to reduce the fear of crime in all sections of the community and in particular to increase the trust and confidence in policing amongst minority ethnic communities; and
c
to increase the number of offences for which offenders, and particularly persistent offenders, are caught and brought to justice, in partnership with other criminal justice agencies.
John Denham
Minister of State
Home Office
13th March 2002