text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended as follows.
Amendments relating to fees
3
1
In regulation 12, in paragraph (3), for the Table there shall be substituted the following Table —
TABLE
Description of vehicle Fee (£)
Motor vehicle with 2 axles 40 Motor vehicle with 3 axles 42 Motor vehicle with 4 or more axles 44 Trailer with 1 axle 20 Trailer with 2 axles 21 Trailer with 3 or more axles 22
2
In the regulations 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 (£)
12(4) 21.50 22 13.50 14 16(1) 19.50 20.50 10.50 11 16(3) 19.50 20.50 10.50 11 16(4) 10.50 11 16(5) 21.50 22.50 13.50 14 34(1) 14.50 15 34(2) 8.50 9 34(2A) 4 4.50 37B(2) 14.50 15 39(3)(b)(ii) 2 2.50 41(1) 10.50 11
Fees for re-tests
4
In regulation 16(6)(c)(i), “8,” shall be deleted.
Amendment to Schedule 2 (classes of vehicle to which the Regulations do not apply)
5
In paragraph 25 of Schedule 2, the following words shall be inserted after the words “Motor vehicles” —
in respect of which a test certificate issued in accordance with Article 34 of the Road Traffic (Northern Ireland) Order 1981 is in force or which are
.
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


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2002 and shall come into force on 4th February 2002.
2
These Regulations extend to England only.
Revocation of Regulations
2
The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (England) Regulations 2001 are hereby revoked.
Amendment of Regulations
3
The entries in Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) are deleted and the following entries substituted:
Health Development Agency ;
National Blood Authority ;
National Clinical Assessment Authority ;
National Health Service Information Authority ;
National Institute for Clinical Excellence ;
National Patient Safety Agency ;
National Treatment Agency ;
Retained Organs Commission ;
United Kingdom Transplant
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th January 2001


text:
PART 1
GENERAL
Citation, commencement and effect
1
These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 and shall come into force —
a
for the purpose of enabling claims to be made, on 1st August 2002;
b
for the purpose of enabling decisions on claims to be made, on 1st January 2003; and
c
for all other purposes, on 6th April 2003;
and shall have effect for the tax year beginning on 6th April 2003 and subsequent tax years.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Tax Credits Act 2002, and a reference without more to a numbered section is a reference to the section of the Act bearing that number;
“the Board” means the Commissioners of Inland Revenue;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“child” has the same meaning as it has in the Child Tax Credit Regulations 2002 ;
“claim” means a claim for working tax credit and “joint claim” and “single claim” have the meanings respectively assigned in section 3(6);
“claimant” means the person making a claim and, in the case of a joint claim, means either of the claimants;
“couple” means a married couple or an unmarried couple;
“the determination of the maximum rate” means the determination of the maximum rate of working tax credit;
“employed”, except in the expression “self-employed” means employed under a contract of service and includes the holding of an office, the emoluments of which are chargeable to Schedule E, and cognate expressions shall be construed accordingly;
“employment zone” means an area within Great Britain designated by the Employment Zones Regulations 2000 for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 ;
“employment zone programme” means a programme which is —
established for one or more employment zones, and
designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;
“initial claim” has the same meaning as in section 11(1) of the Social Security Administration Act 1992 ;
“local authority” means —
in relation to England, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, the council of a county or county borough; or,
in relation to Scotland, a council constituted under section 2 of the Local Government, etc. (Scotland) Act 1994 ;
“patient” means a person (other than a person who is serving a sentence, imposed by a court, in a prison or youth custody institution or, in Scotland, a young offenders' institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 ;
“period of award” shall be construed in accordance with section 4;
“qualifying young person” means a person who satisfies regulation 5 of the Child Tax Credit Regulations 2002;
“relevant child care charges” has the meaning given by regulation 14;
“Schedule E” means the Schedule so described in the Taxes Act ;
“self-employed” means engaged in the carrying on of a trade profession or vocation;
“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;
“surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990 ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
out of public funds by a Government department or by or on behalf of the Secretary of State, Scottish Enterprise or Highlands and Islands Enterprise or the Department for Employment and Learning (“the relevant paying authority”);
to a person in respect of his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction —
provided by, or in pursuance of arrangements made with, the relevant paying authority, or
approved by the relevant paying authority in relation to him,
but does not include an allowance, paid by a Government department, Northern Ireland department or the Scottish Executive to or in respect of a person by reason of the fact that he is training as a teacher, or is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 , section 2 or 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 , or section 1(1) of the Employment and Training Act (Northern Ireland) 1950 ;
“week” means a period of seven days beginning with midnight between Saturday and Sunday.
2
For the purposes of these Regulations a person is responsible for a child or qualifying young person if he is treated as being responsible for that child or qualifying young person in accordance with the rules contained in regulation 3 of the Child Tax Credit Regulations 2002.
3
A reference in these Regulations to an enactment applying to Great Britain but not to Northern Ireland shall, unless the context otherwise requires, include a reference to the corresponding enactment applying in Northern Ireland.
Other elements of working tax credit
3
1
For the purposes of determining the maximum rate of working tax credit, in addition to the basic element and the disability element , the following elements are prescribed —
a
a 30 hour element;
b
a second adult element;
c
a lone parent element;
d
a child care element;
e
a severe disability element; and
f
a 50 plus element.
2
It is a condition of entitlement to the other elements of working tax credit that the person making the claim for working tax credit is entitled to the basic element.
3
If the claim for working tax credit is a joint claim, and both members of the couple satisfy the conditions of entitlement for —
a
the disability element,
b
the severe disability element, or
c
the 50 plus element,
the award must include two such elements.
PART 2
CONDITIONS OF ENTITLEMENT
Basic element
Entitlement to basic element of Working Tax Credit: qualifying remunerative work
4
1
Subject to the qualification in paragraph (2), a person shall be treated as engaged in qualifying remunerative work if, and only if, he satisfies all of the following conditions.
First condition
The person —
is working at the date of the claim; or
has an offer of work which he has accepted at the date of the claim and the work is expected to commence within 7 days of the making of the claim.
In relation to a case falling within sub-paragraph (b) of this condition, references in the second third and fourth conditions below to work which the person undertakes are to be construed as references to the work which the person will undertake when it commences.
In such a case the person is only to be treated as being in qualifying remunerative work when he begins the work referred to in that sub-paragraph.
Second condition
The person —
is aged at least 16 and undertakes work for not less than 16 hours per week if —
there is a child or qualifying young person for whom he or his partner is responsible, or
he has a physical or mental disability which puts him at a disadvantage in getting a job,
satisfies the conditions in regulation 18, or
is aged at least 25 and undertakes not less than 30 hours work per week in any other case.
Third condition
The work which the person undertakes is expected to continue for at least 4 weeks after the making of the claim or, in a case falling within sub-paragraph (b) of the first condition, after the work starts.
Fourth condition
The work is done for payment or in expectation of payment.
Paragraphs (3) and (4) provide the method of determining the number of hours of qualifying remunerative work that a person undertakes.
Regulations 5 to 8 apply in relation to periods of absence from work connected with childbirth or adoption, sickness, seasonal absence from work in relation to which there is a recognised yearly cycle of employment and those who have a gap between periods of work.
Regulation 9 prescribes the conditions which must be satisfied by, or exist in relation to, a person so that he is to be treated as having a physical or mental disability which puts him at a disadvantage in getting a job.
2
A person who would otherwise satisfy the conditions in paragraph (1) shall not be regarded as engaged in qualifying remunerative work to the extent that he is —
a
engaged by a charitable or voluntary organisation, or is a volunteer, if the only payment received by him or due to be paid to him is a payment by way of expenses which falls to be disregarded under item 1 in Table 7 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;
b
engaged in caring for a person who is not a member of his household but is temporarily residing with him if the only payment made to him for providing that care is disregarded income by virtue of item 3 or 4 in Table 8 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002;
c
engaged on a scheme for which a training allowance is being paid;
d
participating in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or the Preparation for Employment Programme specified in regulation 75(1)(a)(v) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 ;
e
engaged in an activity in respect of which —
i
a sports award has been made, or is to be made, to him, and
ii
no other payment is made, or is expected to be made, to him; or
f
participating in an employment zone programme, that is to say a programme established for one or more areas designated pursuant to section 60 of the Welfare Reform and Pensions Act 1999 , and subject to the Employment Zones Regulations 2000 if he receives no payments under that programme other than —
i
discretionary payments disregarded in the calculation of a claimant’s income under item 6(b) in Table 8 in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002; or
ii
training premiums.
3
The number of hours for which a person undertakes qualifying remunerative work is —
a
in the case of an apprentice, employee or office-holder the number of hours of such work which he normally performs —
i
under the contract of service or of apprenticeship under which he is employed; or
ii
in the office in which he is employed;
b
in the case of an agency worker, the number of hours in respect of which remuneration is normally paid to him by an employment agency with whom he has a contract of employment; or
c
in the case of a person who is self-employed, the number of hours he normally performs for payment or in expectation of payment.
This is subject to the following qualification.
4
In reckoning the number of hours of qualifying remunerative work which a person normally undertakes —
a
any period of customary or paid holiday, and
b
any time allowed for meals or refreshment, unless the person is, or expects to be paid earnings in respect of that time,
shall be disregarded.
Maternity leave
5
For the purposes of the second and fourth conditions in regulation 4(1) a woman is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which maternity allowance or statutory maternity pay is paid to her; if she was so engaged (under a contract of service or a contract for services) immediately before the time when that payment began.
Periods for which statutory sick pay payable
6
1
For the purposes of the second and third conditions in regulation 4(1), a person is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which statutory sick pay is paid to him, if he was so engaged immediately before that payment began.
2
A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which he would have been entitled to statutory sick pay but for the fact that the work he performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.
Term time and other seasonal workers
7
1
For the purposes of the conditions in regulation 4(1), paragraph (2) applies if a person —
a
works at a school, other educational establishment or other place of employment,
b
there is a recognisable cycle to his employment there; and
c
the length of that recognisable cycle is one year and includes periods of school holidays or similar vacations during which he does not work.
2
If this paragraph applies, the periods mentioned in paragraph (1)(c) are disregarded in determining whether the conditions in regulation 4(1) are satisfied.
Gaps between jobs
8
For the purposes of the conditions in regulation 4(1) a person shall be treated as being engaged in qualifying remunerative work for the requisite number of hours if he has been so engaged within the past 7 days.
Disability element
Disability element and workers who are to be treated as at a disadvantage in getting a job
9
1
The determination of the maximum rate must include the disability element, if any person in respect of whom the claim is made —
a
undertakes qualifying remunerative work for at least 16 hours per week;
b
satisfies paragraph (2); and —
c
has any of the disabilities listed in Part 1 of Schedule 1, or, in the case of an initial claim, satisfies the condition in Part 2 of Schedule 1.
2
A person satisfies this paragraph in any of the Cases listed below.
Case A
For at least one day in the 182 days immediately preceding the making of the claim the claimant, or, in the case of a joint claim, at least one of the claimants, must have been in receipt of the higher rate of short-term incapacity benefit, long-term incapacity benefit or severe disablement allowance .
Case B
For at least one day in the 182 days immediately preceding the making of the claim the applicable amount for the claimant, or, in the case of a joint claim, at least one of the claimants, must have included a higher pensioner or disability premium determined —
in the case of income support, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12, of Part III of Schedule 2 to the Income Support (General) Regulations 1987 ;
in the case of income-based jobseeker’s allowance, in accordance with paragraph 12(1)(a), (b)(ii) or (c) or 13, and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
in the case of housing benefit, in accordance with paragraphs 10(1)(b) or (2)(b) or 11, and 12 of Part III of Schedule 2 to the Housing Benefit (General) Regulations 1987 ;
in the case of council tax benefit, in accordance with paragraphs 11(1)(b) or (2)(b) or 12, and 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 .
Case C
At the date of the claim there is payable to the claimant, or in the case of a joint claim, to at least one of the claimants —
a disability living allowance;
an attendance allowance;
a mobility supplement or a constant attendance allowance which is paid, in either case, in conjunction with a war pension or industrial injuries disablement benefit.
Case D
At the date of the claim the claimant, or, in the case of a joint claim, one of the claimants, has an invalid carriage or other vehicle provided under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 , section 46 of the National Health Service (Scotland) Act 1978 or Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
Case E
The claimant, or in the case of a joint claim, one of the claimants must —
have —
received, on account of his incapacity for work, statutory sick pay, occupational sick pay, short term incapacity benefit payable at the lower rate or income support, for a period of 140 qualifying days; or
been credited with Class 1 or Class 2 contributions under the Contributions and Benefits Act for a period of 20 weeks on account of incapacity for work;
where the last of those days or weeks (as the case may be) falls within 56 days of the making of the claim; and
have a disability, at the date of claim, which is likely to last for at least six months, or for the rest of his life if his death is expected within that time; and
have gross earnings which are less than they were before the disability began by at least the greater of 20 per cent. and £15 per week.
For the purpose of this Case “qualifying days” are days which form part of a single period of incapacity for work within the meaning of Part 11 of the Contributions and Benefits Act.
Case F
The claimant or, in the case of a joint claim, at least one of the claimants must have been —
undertaking training for work for at least one day in the 56 days immediately preceding the claim; and
receiving long-term incapacity benefit, severe disablement allowance or the higher rate of short-term incapacity benefit within 56 days before the first day of that training.
Here “training for work” means training for work received —
in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973, section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or section 1(1) of the Employment and Training Act (Northern Ireland) 1950 ; or
on a course which a person attends for 16 hours or more a week and the primary purpose of which is the teaching of occupational or vocational skills.
3
If —
a
a claim for working tax credit is made or treated as made not later than the end of 8 weeks commencing with the last day of the claimant’s previous award,
b
on the claim which resulted in that award the claimant qualified for the disability element by virtue of falling within Case A, Case B or Case E of paragraph (2), and
c
the claimant satisfies regulation 9(1)(a),
he shall be treated on the claim mentioned in sub-paragraph (a) as if he still qualified as mentioned in sub-paragraph (b).
4
In the case of an initial claim for working tax credit paragraph (3) shall have effect as if —
a
in sub-paragraph (a) for “the claimant’s previous award” there were substituted “the claimant’s last award for disabled person’s tax credit”; and
b
in sub-paragraph (b) for the words from “the disability element” to the end there were substituted “that tax credit by virtue under subsection (2) or (2C) of section 129 of the Contributions and Benefits Act ”.
5
A person who satisfies paragraph (1)(c) is to be treated, for the purposes of the Act, as having a physical or mental disability which puts him at a disadvantage in getting a job.
30 hour element
30 hour element
10
1
The determination of the maximum rate must include a 30 hour element if the claimant, or in the case of a joint claim, at least one of the claimants, is engaged in qualifying remunerative work for at least 30 hours per week.
2
The determination of the maximum rate must also include the 30 hour element if —
a
the claim is a joint claim,
b
at least one of the claimants is responsible for one or more children or qualifying young people,
c
the aggregate number of hours for which the couple engage in qualifying remunerative work is at least 30 hours per week, and
d
at least one member of the couple engages in qualifying remunerative work for at least 16 hours per week.
Second adult element
Second adult element
11
1
The determination of the maximum rate must include the second adult element if the claim is a joint claim unless —
a
one of the claimants is aged 50 or over;
b
the 50 plus element is payable; and
c
neither of the claimants is engaged in qualifying remunerative work for at least 30 hours per week.
Sub-paragraph (c) is subject to the following qualification.
2
Paragraph (1)(c) does not apply if at least one of the claimants —
i
is responsible for a child or a qualifying young person; or
ii
satisfies regulation 9(1).
Lone parent element
Lone parent element
12
The determination of the maximum rate must include the lone parent element if —
a
the claim is a single claim; and
b
the claimant is responsible for one or more children or qualifying young people.
Child care element
Entitlement to child care element of working tax credit
13
1
The determination of the maximum rate must include a child care element where that person, or in the case of a joint claim at least one of those persons, is incurring relevant child care charges and —
a
is a person, not being a member of a married or unmarried couple, engaged in remunerative work; or
b
is a member or are members of a married or unmarried couple where —
i
both are engaged in remunerative work; or
ii
one member is engaged in remunerative work and the other is incapacitated.
2
For the purposes of paragraph (1) a person is not treated as incurring relevant child care charges where the average weekly charge calculated in accordance with regulation 15 is nil or where an agreement within regulation 15(4) has not yet commenced.
3
A person is not engaged in remunerative work for the purposes of paragraph (1) where that person is treated as being in remunerative work by virtue only of either —
a
regulation 5, or
b
paragraph (1) of regulation 7 in circumstances where the absence from work arises from the need to care for a recently adopted child or from the acquisition of a surrogate child,
unless immediately prior to the adoption of the child, the granting of the parental order for the surrogate child or the birth of the child (as the case may be) that person was responsible for another child.
4
For the purposes of paragraph (1)(b)(ii) the other member of a couple is incapacitated in any of the circumstances specified in paragraphs (5) to (8).
5
The circumstances specified in this paragraph are where either council tax benefit or housing benefit is payable under Part 7 of the Contributions and Benefits Act to the other member or his partner and the applicable amount of the person entitled to the benefit includes —
a
a disability premium; or
b
a higher pensioner premium by virtue of the satisfaction of —
i
in the case of council tax benefit, paragraph 11(2)(b) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 ;
ii
in the case of housing benefit, paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations 1987 ,
on account of the other member’s incapacity or either regulation 13A(1)(c) of Council Tax Benefit (General) Regulations 1992 (treatment of child care charges) or, as the case may be, regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987 (treatment of child care charges) applies in that person’s case;
6
The circumstances specified in this paragraph are where there is payable in respect of him one or more of the following pensions or allowances —
a
short-term incapacity benefit under section 30A of the Contributions and Benefits Act ;
b
long term incapacity benefit under section 40 or 41 of the Contributions and Benefits Act ;
c
attendance allowance under section 64 of that Act;
d
severe disablement allowance under section 68 of that Act;
e
disability living allowance under section 71 of that Act;
f
increase of disablement pension under section 104 of that Act;
g
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under sub-paragraph (b), (d) or (e) above.
7
The circumstances specified in this paragraph are where a pension or allowance to which sub-paragraph (b), (d), (e) or (f) of paragraph (6) refers, was payable on account of his incapacity but has ceased to be payable only in consequence of his becoming a patient.
8
The circumstances specified in this paragraph are where he has an invalid carriage or other vehicle provided to him under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 , section 46 of the National Health Service (Scotland) Act 1978 ; or Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 .
14
1
For the purposes of section 12 of the Act charges incurred for child care are charges paid by the person, or in the case of a joint claim, by either or both of the persons, for child care provided for any child for whom the person, or at least one of the persons, is responsible.
In these Regulations, such charges are called “relevant child care charges”.
2
“Child care” means care provided for a child —
a
in England and Wales —
i
by persons registered under Part 10A of the Children Act 1989 ;
ii
in schools or establishments which are exempted from registration under Part 10A of the Children Act 1989 by virtue of paragraph 1 or 2 of Schedule 9A to that Act;
iii
in respect of any period between his eighth birthday and the day preceding the first Tuesday in September following his twelfth birthday, where the care is provided out of school hours, by a school on school premises or by a local authority; or
iv
by a child care provider approved by an accredited organisation within the meaning given by regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 1999 ;
b
in Scotland —
i
by a person in circumstances where the care service provided by him consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 1 of that Act; or
ii
by a local authority in circumstances where the care service provided by the local authority consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 2 of that Act;
c
in Northern Ireland —
i
by persons registered under Part XI of the Children (Northern Ireland) Order 1995 ; or
ii
by institutions and establishments exempt from registration under that Part by virtue of Article 121 of that Order; or
d
in any part of the United Kingdom —
i
by a child care provider approved by an accredited organisation within the meaning given by regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 2002 ; or
ii
by a child care provider approved in accordance with a scheme made by the appropriate national authority under section 12(5) of the Act.
3
For the purposes of this regulation a person is a child until the last day of the week in which falls the 1st September following that child’s fifteenth birthday (or sixteenth birthday if the child is disabled).
4
For the purposes of paragraph (3) a child is disabled where —
a
a disability living allowance is payable in respect of that child, or has ceased to be payable solely because he is a patient;
b
the child is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a local authority in Scotland, or, in Northern Ireland has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or
c
the child ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
5
Charges paid in respect of the child’s compulsory education or charges paid by a person to a partner or by a partner to the person in respect of any child for whom either or any of them is responsible are not relevant child care charges.
6
Where regulation 15(4) (agreement for the provision of future child care) applies —
a
the words “charges paid” in paragraph (1) include charges which will be incurred, and
b
the words “child care provided” in paragraph (1) include care which will be provided.
7
Where regulation 13(3) applies, the reference in paragraph (1) to a child for whom the person, or at least one of the persons, is responsible does not include any child born or child adopted or surrogate child acquired during a period of absence from employment in connection with childbirth or adoption within regulation 5.
8
Relevant child care charges are calculated on a weekly basis in accordance with regulation 15.
Calculation of relevant child care charges
15
1
Relevant child care charges are calculated by aggregating the average weekly charge paid for child care for each child in respect of whom charges are incurred in the most recent four complete weeks.
This is subject to paragraph (2).
2
In any case in which the charges in respect of child care are paid monthly, the average weekly charge for the purposes of paragraph (1) is established —
a
where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52; or
b
where the charges are for variable monthly amounts, by aggregating the charges for the previous 12 months and dividing the total by 52.
3
In a case where there is insufficient information for establishing the average weekly charge paid for child care in accordance with paragraphs (1) and (2), an officer of the Board shall estimate the charge —
a
in accordance with information provided by the person or persons incurring the charges; and
b
by any method which in the officer’s opinion is reasonable.
4
If a person —
a
has entered into an agreement for the provision of child care; and
b
will incur under that agreement relevant child care charges in respect of child care during the period of the award,
the average weekly charge for child care is based upon a written estimate of the future weekly charges provided by that person.
Change of circumstances
16
1
There is a relevant change in circumstances if —
a
there is any change in the child care provided during the period of an award; or
b
the relevant child care charges —
i
exceed the average weekly charge calculated in accordance with regulation 15 by £10 a week or more;
ii
are less than the average weekly charge calculated in accordance with regulation 15 by £10 a week or more; or
iii
are nil.
If there is a relevant change in circumstances, the amount of the child care element of working tax credit shall be recalculated with effect from the specified date.
2
For the purposes of paragraph (1), the weekly relevant child care charge is the aggregate of the weekly charge paid for child care for each child in respect of whom charges are incurred in each of the four consecutive weeks in which the change occurred.
3
If in any case the charges in respect of child care are paid monthly, the weekly relevant child care charge for the purposes of paragraph (1) is established —
a
where the charges are for a fixed monthly amount, by multiplying that amount by 12 and dividing the product by 52; or
b
where the charges are for variable monthly amounts, by aggregating the charges for the previous 12 months and dividing the total by 52.
4
In a case where there is insufficient information for establishing the weekly relevant child care charge paid for child care in accordance with paragraphs (2) and (3), an officer of the Board shall estimate the charge —
a
in accordance with information provided by the person or persons incurring the charges; and
b
by any method which in the officer’s opinion is reasonable.
5
For the purpose of paragraph (1) the specified date is —
a
where the child care charges are increased, the later of —
i
the first day of the week in which the change occurred, and
ii
the first day of the week in which falls the day which is three months prior to the date notification of the change is given;
b
where the child care charges are decreased, the first day of the week following the four consecutive weeks in which the change occurred.
Severe disability element
Severe disability element
17
1
The determination of the maximum rate must include the severe disability element if the claimant, or, in the case of a joint claim, one of the claimants satisfies paragraph (2).
2
A person satisfies this paragraph if a disability living allowance, attributable to the care component payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act or an attendance allowance at the higher rate prescribed under section 65(3) of that Act —
a
is payable in respect of him; or
b
would be so payable but for a suspension of benefit by virtue of regulations under section 113(2) of the Contributions and Benefits Act (suspension during hospitalisation), or an abatement as a consequence of hospitalisation.
50 plus element
50 plus element
18
1
The determination of the maximum rate must include the 50 plus element if —
a
in the case of a single claim, the claimant satisfies paragraph (3), or
b
in the case of a joint claim, at least one of the claimants satisfies that paragraph.
This is subject to the qualification in paragraph (2).
2
The 50 plus element shall not be payable in respect of a claimant —
a
for a continuous period of longer than 12 months; or
b
for periods amounting in aggregate to more than 12 months if the gap between any consecutive pair of those periods is not more than 26 weeks.
3
A claimant satisfies this paragraph if —
a
he is aged at least 50;
b
he started work within the preceding three months but on or after 6th April 2003; and
c
he undertakes qualifying remunerative work for at least 16 hours per week; and
d
he satisfies the condition in paragraph (4), (6), (7), (8) or (9).
4
The condition is that —
a
for a period of at least six months immediately before his starting work as mentioned in paragraph (3)(b), or
b
for consecutive periods, amounting in the aggregate to at least six months, the last of which ends immediately before his starting work as mentioned in paragraph (3)(b),
paragraph (5) is satisfied.
5
This paragraph is satisfied while the claimant is receiving —
a
income support;
b
a jobseeker’s allowance;
c
incapacity benefit;
d
severe disablement allowance; or
e
both a state retirement pension and the minimum income guarantee under the Income Support (General) Regulations 1987.
6
The condition is that for at least six months immediately prior to his starting work —
a
another person was receiving —
i
the payment mentioned in subparagraphs (a) to (d) of paragraph (5); or
ii
both the payments mentioned in paragraph (5)(e); and
b
an increase in respect of the claimant, as a dependant of the other person —
i
in a case falling within subparagraph (a)(i) was payable with that payment; or
ii
in a case falling within subparagraph (a)(ii) was payable with that pension.
7
The condition is that for at least six months immediately prior to his starting work as mentioned in paragraph (3)(b) he satisfied the conditions entitling him to be credited with contributions or earnings in accordance with the Social Security (Credits) Regulations 1975 .
8
The condition is that —
a
the condition in paragraph (4)(a), (6) or (7) would have been satisfied if the reference to six months were omitted;
b
immediately prior to the period during which that condition, as modified by subparagraph (a), is satisfied there is a period during which the condition in paragraph (9) is satisfied; and
c
the total of the periods during which —
i
the condition in paragraph (4)(a), (6) or (7), as modified by subparagraph (a), is satisfied; and
ii
the condition in paragraph (9) is satisfied,
equals or exceeds six months.
9
The condition is that the claimant, or, in the case of a joint claim, one of the claimants, is receiving —
a
invalid care allowance;
b
bereavement allowance; or
c
widowed parent’s allowance.
Death of a child or qualifying young person for whom the claimant is responsible
Entitlement after death of a child or qualifying young person for whom the claimant is responsible
19
1
Paragraph (2) applies if —
a
the death occurs of a child or qualifying young person,
b
working tax credit is payable to a person who was, or to a couple at least one of whom was, immediately before the death responsible for that child or qualifying young person;
c
the prescribed conditions for an element of working tax credit were satisfied because the claimant, or at least one of the claimants, was responsible for that child or qualifying person, but would not have been satisfied but for that responsibility; and
d
the prescribed conditions would have continued to be satisfied but for the death.
2
If this paragraph applies, working tax credit shall continue to be payable, as if the child or qualifying young person had not died, for the period for which child tax credit continues to be payable in accordance with regulation 6 of the Child Tax Credit Regulations 2002 .
PART 3
MAXIMUM RATE
Maximum rates of elements of working tax credit
20
1
The maximum annual rate of working tax credit (excluding the child care element) payable to a single claimant or to a couple making a joint claim is the sum of whichever of the following elements are applicable —
a
the basic element specified in column (2) of the table in Schedule 2 at paragraph 1;
b
in respect of a claimant who satisfies regulation 9(1), the disability element specified in column (2) of the table in Schedule 2 at paragraph 2;
c
the 30 hour element specified in column (2) of the table in Schedule 2 at paragraph 3 in respect of —
i
a single claimant who works for not less than 30 hours per week,
ii
a couple either or both of whom work for not less than 30 hours per week; or
iii
a couple, at least one of whom is responsible for a child or a qualifying young person and at least one of whom works for 16 hours per week if their hours of work when aggregated amount to at least 30 hours per week;
d
the second adult element specified in column (2) of the table in Schedule 2 at paragraph 4 where regulation 11 so provides;
e
the lone parent element specified in column (2) of the table in Schedule 2 at paragraph 5 where regulation 12 applies;
f
the severe disability element specified in column (2) of the table in Schedule 2 at paragraph 6 —
i
in respect of a single claimant who satisfies regulation 17; or
ii
in respect of a member of a couple making a joint claim who satisfies regulation 17; and
g
the 50 plus element in respect of a person who satisfies regulation 18(2) at whichever of the rates specified in column 2 of the Table in Schedule 2 at paragraph 7 applies in his case.
2
The maximum rate of the child care element of a working tax credit is 70 per cent. of the maxima specified in paragraph (3).
3
The maxima are —
a
£135.00 per week, where the claimant’s family includes only one child in respect of whom relevant child care charges are paid; and
b
£200.00 per week where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2002


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2002 and shall come into force on 6th February 2002.
2
At the beginning of Part 1 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 (Resolutions of the Security Council of the United Nations) there shall be inserted:
“Resolution 1390 (2002) of 16th January 2002 (Afghanistan)”.
Jeff Rooker
Minister of State
Home Office
1st February 2002


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) (Revocation) Regulations 2002 and shall extend to England.
2
These Regulations shall come into force on 6th March 2002.
Revocation of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) Regulations 2002
2
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) Regulations 2002 are revoked.
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 Scotland Act 1998 (Modifications of Schedule 5) Order 2002 and shall come into force on the day after the day on which it is made.
Rail transport: promotion and construction of railways
2
In Part II of Schedule 5 to the Scotland Act 1998 (specific reservations), in Section E2 –
a
after the exception relating to the transfer of functions of passenger transport executives etc. there is inserted–
The promotion and construction of railways which start, end and remain in Scotland.
; and
b
before the definition of “railway services” there is inserted–
“railway” has the meaning given by section 67(1) of the Transport and Works Act 1992 .
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Bournemouth (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 Bournemouth;
“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 of the Borough of Bournemouth (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 Bournemouth Borough Council.
Wards of the borough of Bournemouth
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas 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 three.
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.
Maps
4
Bournemouth Borough Council shall make a print of the map marked “Map of the Borough of Bournemouth (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 Bournemouth (Electoral Arrangements) Order 1978 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th July 2002
Glyn Mathias
Commissioner
11th July 2002
Neil McIntosh
Commissioner
11th July 2002
Karamjit Singh
Commissioner
11th July 2002
Sam Younger
Commissioner
11th July 2002
Graham Zellick
Commissioner
11th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Healthcare National Health Service Trust (Change of Name) Order 2002 and shall come into force on 1st June 2002.
2
In this Order —
“ the Order ” means the Lincolnshire Healthcare National Health Service Trust (Establishment) Order 2001 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Lincolnshire Partnership National Health Service Trust instead of the Lincolnshire Healthcare National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Lincolnshire Healthcare” there shall be substituted “Lincolnshire Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
22nd May 2002


text:
1
This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Commencement No. 4) Order 2002.
2
Part 7 of the Anti-terrorism, Crime and Security Act 2001 (sections 58 to 75, together with Schedules 5 and 6) shall come into force on 31st May 2002.
John Denham
Minister of State
Home Office
4th May 2002


text:
Citation and commencement
1
1
This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision Order 2002 and shall come into force on 4th March 2002.
2
The Yarmouth (Isle of Wight) Harbour Orders 1931 to 2001 and this Order may be cited together as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2002.
Interpretation
2
In this Order “the Commissioners” means the Yarmouth (Isle of Wight) Harbour Commissioners.
Borrowing powers
3
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding three million pounds (or that sum as adjusted in accordance with article 5 below); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
4
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed three hundred thousand pounds (or that sum as adjusted in accordance with article 5 below).
RPI adjustment of borrowing limits
5
1
On each anniversary of the date when this Order comes into force the sums mentioned in articles 3(1)(a) and 4 above shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division
Department for Transport, Local Government and the Regions
11th February 2002


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002 and shall come into force on 20th May 2002.
2
Subject to article 3 below:
a
the code of practice about the detention, treatment and questioning of persons by police officers (Code C), and
b
the code of practice about the identification of persons by police officers (Code D),
for the time being in force are to be treated as having effect with the modifications set out in the Schedule to this Order.
3
The modifications to Code C and Code D made by article 2 shall have effect only in the following police areas :
a
Bedfordshire;
b
Devon and Cornwall;
c
Lancashire;
d
Merseyside;
e
the metropolitan police district;
f
Nottinghamshire;
g
South Yorkshire;
h
Staffordshire; and
i
North Wales.
4
The Police and Criminal Evidence Act 1984 (Codes of Practice) (Modification) Order 2001 is hereby revoked.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
23rd April 2002


text:
Citation and commencement
1
This Order may be cited as the CommuniCare National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The CommuniCare National Health Service Trust is hereby dissolved and accordingly the CommuniCare National Health Service Trust (Establishment) Order 1993 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Bus Service Operators Grant (England) Regulations 2002 and shall come into force on 1st May 2002.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“disabled person” has the same meaning as in section 1 of the Disability Discrimination Act 1995 ;
“local service” has the same meaning as in section 2 of the Transport Act 1985 ;
“public passenger transport services” means all those services on which members of the public rely from getting from place to place, when not relying on private facilities of their own;
“stopping place” has the same meaning as in section 137(1) of the Transport Act 1985.
Eligibility for grant
3
1
A bus service is an eligible bus service for the purposes of section 154 of the Transport Act 2000 (grants to bus service operators) if it is of one of the following classes —
a
a local service provided or secured —
i
by a local education authority pursuant to arrangements made under section 509 of the Education Act 1996 , or
ii
for persons who have attained the age of sixty years or disabled persons,
and in respect of which the conditions set out in paragraph (2) are satisfied;
b
a local service, other than a service described in paragraph (1)(a) which is provided by means of a vehicle adapted to carry more than eight passengers (or by a smaller vehicle, but only if the services are operated in accordance with a time table) and in respect of which the conditions set out in paragraph (3) are satisfied;
c
a bus service being provided by an operator to whom a permit under section 19 of the Transport Act 1985 has been issued and remains in force, and in respect of which the conditions set out in paragraph (4) are satisfied.
2
The conditions referred to in paragraph (1)(a) are that —
a
seats on the vehicle by means of which the service is provided are normally available to members of the general public and the service is regularly used by such members;
b
the stopping places (other than those to or from which the service is mainly provided) are situated at locations where they are likely to be used with reasonable frequency by members of the general public;
c
such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;
d
such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; and
e
arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, the times of its operation, and the places which it serves.
3
The conditions referred to in paragraph (1)(b) are that —
a
at least half of the accommodation on the vehicle by means of which the service is provided is normally available to members of the general public and the service is regularly used by such members;
b
the stopping places are situated at locations where they are likely to be used with reasonable frequency by members of the general public;
c
such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;
d
such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service;
e
there is not displayed on the vehicle by means of which the service is provided any sign or description intended or likely to convey the impression that the service is only available to a particular category of person; and
f
arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves.
4
The conditions referred to in paragraph (1)(c) are that the service is used wholly or mainly by —
a
persons who have attained the age of 60 years;
b
disabled persons;
c
persons in receipt of income support under section 124 of the Social Security Contributions and Benefits Act 1992
d
persons in receipt of jobseeker’s allowance under the Jobseekers Act 1995 ;
e
persons suffering a degree of social exclusion by virtue of unemployment, poverty or other economic factors, homelessness, geographical remoteness, ill health, or religious or cultural mores;
f
persons who believe that it would be unsafe for them to use any public passenger transport services; or
g
carers or persons under 16 years of age accompanying any of the foregoing.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
9th April 2002


text:
1
This Order may be cited as the Finance Act 2002, section 22, (Appointed Day) Order 2002.
2
The 1st January 2003 is appointed as the day section 22 of the Finance Act 2002 is to have effect in relation to supplies made on or after that day.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
6th December 2002


text:
Citation, commencement and extent
1
These Regulations, which extend to England and Wales, may be cited as the Motor Salvage Operators Regulations 2002 and shall come into force on 21st October 2002.
Interpretation
2
In these Regulations —
“the 2001 Act ” means the Vehicles (Crime) Act 2001;
“partnership” has the same meaning as in section 1(1) of the Partnership Act 1890 ;
“bankrupt” has the same meaning as in section 381 of the Insolvency Act 1986 .
Particulars of each motor salvage operator’s entry on the register
3
For the purposes of section 2(3) of the 2001 Act, the prescribed particulars of each motor salvage operator’s entry in the register are —
a
the full name and date of birth of the motor salvage operator, the full names and dates of birth of all the directors if the business is undertaken by a body corporate, or the full names and dates of birth of all the partners if the business is undertaken by a partnership;
b
the address —
i
if the operator is an individual, of his usual place of residence;
ii
if the operator is a partnership, of each partner’s usual place of residence;
iii
if the operator is a body corporate, of its registered or principal office; and
iv
of each place in the administrative area of the local authority which is occupied by the motor salvage operator wholly, mainly or partly for the purpose of carrying on a business as defined in section 1(2) of the 2001 Act.
Requirements for registration or renewal of registration
4
For the purposes of section 3(1) of the 2001 Act, an application for registration in a register for a particular area or an application for the renewal of such registration must contain the following information:
a
the full name and date of birth of the applicant, or the names and dates of birth of all the directors or partners if the applicant business is undertaken by a body corporate or a partnership;
b
the address of the usual place of residence of each applicant or director or partner of the applicant business;
c
the address of each place in the administrative area of the local authority which is occupied by the applicant wholly, mainly or partly for the purpose of carrying on a business as defined in section 1(2) of the 2001 Act;
d
whether it is an initial application to register or an application for renewal of registration;
e
whether any previous application for registration has been refused and, if so, by which local authority, and for what reasons;
f
any convictions for any offence under Part 1 of the 2001 Act;
g
any conviction for any offence specified in an Order made by the Secretary of State in pursuance of his power under section 3(4)(b) of the 2001 Act;
h
whether the applicant, or any of the directors or partners of the applicant business, is a bankrupt.
Requirement for records to be kept by registered persons
5
1
For the purposes of section 7(1) registered persons must keep the records set out in this regulation.
2
These records may be maintained in either electronic or manual form and must be located at or, in the case of electronic records, accessible from the registered place of business.
3
When a registered person receives any vehicle he must make and keep a record of the following information —
a
details of the vehicle registration number, vehicle identification number, make, model and colour of the vehicle;
b
the name, address and contact details of the supplier of the vehicle;
c
details of any proof of identity shown to the registered person by, or on behalf of the supplier of the vehicle, to establish the identity of the vehicle supplier, including whether any document produced was a UK photocard driver’s licence, a passport, a utility bill, council tax bill or rent book, or other form of identification containing a photograph of the vehicle supplier;
d
the general condition of the vehicle including details of the type of damage to the vehicle (for example whether the damage has been caused by fire, water or impact) and the part of the vehicle damaged;
e
the date on which the information referred to in sub-paragraphs (a)–(d) above was entered on the record.
4
When a registered person sells or otherwise disposes of any vehicle, he must add the following pieces of information to the record made under paragraph (2) of this Regulation —
a
the date of sale or other disposal of the vehicle;
b
the name, address, and contact details of the person receiving the vehicle;
c
details of any proof of identity shown to the registered person by, or on behalf of the purchaser of the vehicle, to establish the identity of the person receiving the vehicle, including whether any document produced was a UK photocard driver’s licence, a passport, a utility bill, council tax bill or rent book, or other form of identification containing a photograph of the vehicle purchaser;
d
the condition of the vehicle at the time of the sale or other disposal. (For example, whether it was repaired, unrepaired, dismantled, or in the same condition as at purchase);
e
the date when the information referred to in sub-paragraphs (a)–(d) above was entered on the record.
5
The records referred to in this Regulation must be kept for a period of six years from the date of the last entry on the record for the vehicle.
6
The requirements imposed by regulations 5(3)(a), (b) and (e) and 5(4)(a), (b) and (e) are hereby specified as provisions to which section 7(4) of the 2001 Act applies.
Functions which are not to be the responsibility of a local authority’s executive
6
In paragraph B of Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (licensing and registration functions), at the end, there shall be added —
a
in column (1) —
71
Power to register motor salvage operators.
; and
b
in column (2), in relation to the entry in column (1) for item 71 —
Part I of the Vehicles (Crime) Act 2001 (c. 3) .
.
John Denham
Minister of State
Home Office
17th July 2002


text:
Title and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) (No. 3) Regulations 2002 and shall come into force on 23rd October 2002.
Amendment to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002
2
1
Schedule 2 to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002 (import conditions) is amended in accordance with paragraphs (2) and (3).
2
The following heading is substituted for the heading to Part V (fresh poultry meat) —
“FRESH POULTRYMEAT, POULTRYMEAT PRODUCTS AND POULTRYMEAT PREPARATIONS”.
3
The following section is inserted immediately after section D (health certification requirements) of Part V —
E.
Protective measures — fresh poultrymeat, poultrymeat products and poultrymeat preparations
Brazil
1
Commission Decision 2002/794/ EC ( OJ No. L276, 12.10.2002, p. 66).
Thailand
2
Commission Decision 2002/251/EC (OJ No. L84, 28.3.2002, p. 77).
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State
Department of Health
21st October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Riverside Community Health Care National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Riverside Community Health Care National Health Service Trust ;
“the new Trusts” means the Ealing Primary Care Trust and the Chelsea and Westminster Healthcare National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Ealing Primary Care Trust and signed on behalf of the old Trust on 11th February 2002 and on behalf of the Ealing Primary Care Trust on 8th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Ealing Primary Care Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Chelsea and Westminster Healthcare National Health Service Trust and signed on behalf of the old Trust on 11th February 2002 and on behalf of the Chelsea and Westminster Healthcare National Health Service Trust on 8th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Chelsea and Westminster Healthcare National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham and the Black Country Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the Birmingham and the Black Country Health Authority ;
“the new Trust” means the Wolverhampton City Primary Care Trust ; and
“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 15th July 2002 and on behalf of the new Trust on 11th July 2002.
Transfer of trust property
2
1
On 30th September 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002