text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions)(Amendment No. 5) Regulations 2002 and shall come into force on 28th November 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 and “regulation” and “Schedule” mean a regulation of or Schedule to the principal Regulations, as the case may be.
Amendments to the principal Regulations
3
In regulation 70(4) for the words from “includes” to the end substitute “means the person liable, in accordance with section 10(2) or 10ZA of the Act , to pay a Class 1A contribution”.
4
In paragraph 1(2) of Schedule 4 for the definition of “employer” substitute–
“employer” means, subject to paragraph 3, the secondary contributor determined–
by section 7 of the Act, or
under regulation 5 of and Schedule 3 to the Social Security (Categorisation of Earners) Regulations 1978 , or
under regulation 122;
.
5
In paragraph 4 of Schedule 4 for “is required to pay” substitute “pays”.
6
After paragraph 4 of Schedule 4 insert–
Intermediaries
4A
1
Where any payment of emoluments of an employee is made by an intermediary of the employer, the employer shall be treated, for the purposes of this Schedule other than–
a
paragraph 7(1),
b
paragraph 7(3)(a),
c
the references to a subsequent payment of emoluments or of monetary earnings in paragraph 7(3) and (8), and
d
paragraph 7(11),
as making the payment of those emoluments to the employee.
2
For the purposes of this paragraph, a payment of emoluments of an employee is made by an intermediary of the employer if it is made–
a
either–
i
by a person acting on behalf of the employer and at the expense of the employer, or
ii
by a person connected with him, or
b
by trustees holding property for any persons who include, or class of persons which includes, the employee.
3
Section 839 of the Taxes Act (connected persons) applies for the purposes of this paragraph.
7
1
Amend paragraph 7 of Schedule 4 as follows.
2
In sub-paragraph (1) omit “thereon” and add at the end “(the “section 6(4)(a) amount”)”.
3
For sub-paragraph (3) substitute–
3
If the employer–
a
on making any payment of emoluments to an employee does not deduct from those emoluments the full section 6(4)(a) amount, or
b
is treated as making a payment of emoluments by paragraph 4A,
he may recover, in a case falling within paragraph (a) the amount not so deducted or, in a case falling within paragraph (b) the section 6(4)(a) amount, by deduction from any subsequent payment of emoluments made by the employer to that employee during the same year.
This sub-paragraph is subject to sub-paragraphs (4) and (5).
4
In sub-paragraph (4) insert at the end the following paragraph–
; or
e
the employer is treated as making a payment of emoluments by paragraph 4A.
5
In sub-paragraph (5)(b) after “sub-paragraphs” insert “in a case falling within paragraph (a) of any of those sub-paragraphs”.
6
In sub-paragraph (6) for the words from “amount” to the end substitute “section 6(4)(a) amount”.
7
For sub-paragraph (8) substitute–
8
Where, in the circumstances specified in sub-paragraph (6), the employer–
a
does not deduct from the earnings referred to in that sub-paragraph the full section 6(4)(a) amount, or
b
is treated as making a payment of emoluments by paragraph 4A,
he may recover, in a case falling within paragraph (a) the amount not so deducted or, in a case falling within paragraph (b) the section 6(4)(a) amount, by deduction from any subsequent payment of monetary earnings to that employee, or ex-employee (as the case may be) during the same year.
This sub-paragraph is subject to sub-paragraph (5).
8
In sub-paragraph (9)(c) for the words from “amount” to the end substitute “section 6(4)(a) amount”.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
27th November 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (District of East Dorset) Order 2002 and shall come into force on 1st July 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the district of East Dorset with the exception of the following roads:
a
all sections of the A31 trunk road, including its on and off slip roads, within the district;
b
the A338 road, including its on and off slip roads, from its junction with the A31 trunk road at Ashley Heath to the district boundary.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
1
The 1984 Act shall be modified in relation to the parking area as specified in Part I of Schedule 2 to this Order.
2
Schedule 3 to the 1991 Act shall be modified in relation to the parking area as specified in Part II of Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
10th June 2002


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Patient and Public Involvement in Health (Functions) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“financial year” means a period of twelve months ending with 31st March.
Annual work programme
2
1
Before the beginning of each financial year the Commission must prepare a work programme setting out the activities the Commission is to undertake in that year in the exercise of its functions in relation to England under section 20 of the Act.
2
Each work programme shall include —
a
any particular matters with respect to which the Commission is to provide advice on arrangements for public involvement, on arrangements for the provision of independent advocacy services, or on the views of others as respects those arrangements, under section 20(2)(a), (b) and (c) of the Act;
b
proposals as to the matters, arising from Patients' Forums' annual reports, in relation to which the Commission is to conduct reviews and make reports under section 20(5) of the Act; and
c
proposals as to arrangements to be made by the Commission for —
i
providing staff to PCT Patients' Forums;
ii
providing advice and assistance to Patients' Forums and providers of independent advocacy services;
iii
facilitating the co-ordination of Patients' Forums' activities;
iv
setting quality standards for Patients' Forums and independent advocacy services, monitoring how successfully those standards are met and making recommendations for improvements;
v
promoting public involvement as described in section 20(3) of the Act; and
vi
reporting matters of concern in accordance with section 20(6) of the Act.
3
The work programme shall be subject to approval by the Secretary of State.
4
The work programme may be varied —
a
with the agreement of the Secretary of State; or
b
as the Secretary of State may determine.
5
Subject to the following regulations the Commission shall exercise its functions in any financial year in accordance with the work programme relating to that year.
Persons to be advised by the Commission
3
For the purposes of section 20(2)(a) of the Act the prescribed bodies are —
a
the Commission for Health Improvement ;
b
the National Care Standards Commission ; and
c
the National Patient Safety Agency .
4
For the purposes of section 20(2)(b) of the Act the prescribed bodies are —
a
the Commission for Health Improvement;
b
the National Care Standards Commission;
c
the National Patient Safety Agency;
d
the Health Service Commissioner ; and
e
the National Health Service Litigation Authority .
5
For the purposes of section 20(2)(c) of the Act the prescribed bodies are —
a
the Commission for Health Improvement;
b
the National Care Standards Commission;
c
the National Patient Safety Agency;
d
the Health Service Commissioners; and
e
the National Health Service Litigation Authority.
6
It is also the function of the Commission to provide advice and information about the arrangements referred to in section 20(2)(a) and (b), and about the views referred to in section 20(2)(c), of the Act to such other persons or bodies as it thinks fit.
Charging for advice and services
7
1
The Commission’s power to make such charges as it thinks fit for the provision of advice and other services is subject to the limitations set out in paragraphs (2) to (4) .
2
The Commission may not make any charge for advice provided under section 20(2)(a), (b), (c), (d) or (e) of the Act, or for any service provided in the course of exercising its functions under section 20(5) of the Act, to —
a
Patients' Forums,
b
providers of independent advocacy services; or
c
the bodies prescribed in regulations 3, 4 and 5 above.
3
The Commission may not charge for services (including the provision of staff) provided under section 20(2)(d),(e) or (f) of the Act to —
a
Patients' Forums; or
b
providers of independent advocacy services.
4
The Commission may not make any charges for unsolicited advice or services provided under section 20(6) of the Act or regulation 6 above.
Obtaining information
8
1
Subject to regulation 8, the Commission, or a member or employee authorised by the Commission in writing, may require a body to which paragraph (2) applies to produce any information which appears to the Commission, or to the authorised person, to be necessary for the effective carrying out of the Commission’s functions under section 20(2), (3), (5) and (6) of the Act.
2
The bodies referred to in paragraph (1) are —
a
a Strategic Health Authority;
b
a Special Health Authority;
c
an NHS Trust;
d
a Primary Care Trust;
e
a Patients' Forum; and
f
a provider of independent advocacy services.
Restrictions on disclosure of information to the Commission
9
1
A person shall not be required to produce information under regulation 7(1) which —
a
is confidential and relates to and identifies a living individual, unless at least one of the conditions specified in paragraph (2) applies; or
b
is prohibited from disclosure by or under any enactment, unless paragraph (3) applies.
2
The conditions referred to in paragraph (1)(a) are —
a
the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained; or
b
the individual consents to the information being disclosed.
3
This paragraph applies where —
a
the prohibition on the disclosure of information arises because the information is capable of identifying an individual; and
b
the information is or can be disclosed in a form from which the identity of the individual cannot be ascertained.
4
In a case where the disclosure of information is prohibited by paragraph (1), the Commission, or a person authorised by the Commission under regulation 8(1), may require the person holding the information to put the information in a form from which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.
Signed by Authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State for Health
Department of Health
5th December 2002


text:
1
1
This Order may be cited as the A21 Trunk Road (A2100 Junction Improvement John’s Cross) Order 2002 and shall come into force on 17th April 2002.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by the heavy black line and the reference letter “A” on the plan numbered HA 10/PS/323, marked “The A21 Trunk Road (A2100 Junction Improvement John’s Cross) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the DTLR Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no obligation or duty to maintain the part in question
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
Divisional Director Highways Agency
19th March 2002


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 2001 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 2002 and shall come into operation on the first day of January 2003.
Dated this 15th day of May 2002.
J Laws
G F Tattersall
H M Morgan
M G S Farrell
C A Pym
T E Allen
Approved by the General Synod,the 6th day of July 2002
D M Williams
Clerk to the Synod


text:
Citation, commencement, interpretation
1
1
This Order may be cited as the National Health Service Trusts (Miscellaneous Dissolutions) Order 2002 and shall come into force on 18th October 2002.
2
In this Order —
“the dissolution date” means the day after the date on which this Order comes into force; and
“the dissolving trusts” means the trusts that will dissolve as a consequence of article 2 of this Order.
Dissolution of National Health Service Trusts
2
On the dissolution date —
a
the Birmingham Specialist Community Health National Health Service Trust, which was established by the Birmingham Specialist Community Health National Health Service Trust (Establishment) Order 1999 ;
b
the Coventry Healthcare National Health Service Trust, which was established by the Coventry Healthcare National Health Service Trust (Establishment) Order 1994 ;
c
the Dudley Priority Health National Health Service Trust, which was established by the Dudley Priority Health National Health Service Trust (Establishment) Order 1994 ;
d
the North Warwickshire National Health Service Trust, which was established by the North Warwickshire National Health Service Trust (Establishment) Order 1992 ;
e
the Shropshire’s Community and Mental Health Services National Health Service Trust, which was established by the Shropshire’s Community and Mental Health Services National Health Service Trust (Establishment) Order 1998 ;
f
the South Warwickshire Combined Care National Health Service Trust, which was established by the South Warwickshire Combined Care National Health Service Trust (Establishment) Order 1998 ; and
g
the Walsall Community Health National Health Service Trust, which was established by the Walsall Community Health National Health Service Trust (Establishment) Order 1992 ;
are dissolved, and their Establishment Orders are accordingly revoked.
Residual property, rights, and liabilities to vest in Secretary of State
3
Any residual property, rights, or liabilities that remain with the dissolving trusts immediately prior to their dissolution shall transfer to the Secretary of State.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
14th October 2002


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 2002 and shall come into force on 17th February 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 February 2002; or
ii
if the claim for income support is for a period commencing after 24th February 2002, from the first day of the first benefit week commencing after 17th February 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 February 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 “6.19 per cent.” there shall be substituted the words “5.74 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2001
3
The Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2001 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
22nd January 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Primary Care Trusts (Functions) (England) Amendment Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations “the principal Regulations ” means the Primary Care Trusts (Functions) (England) Regulations 2000 .
3
These Regulations apply in relation to Health Authorities and Primary Care Trusts established for areas in England only.
Amendment of regulation 2 of the principal Regulations
2
In Regulation 2(1) of the principal Regulations (interpretation) the definition of “population screening programme” shall be deleted.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3 of the principal Regulations (functions to be exercised by Primary Care Trusts) shall be amended as follows.
2
Paragraph (6) shall be deleted.
3
For paragraph (7) there shall be substituted —
7
The function under section 5(2)(d) of the Act is to be exercisable by a Primary Care Trust only to the extent that it does not consist of establishing or funding research ethics committees.
.
Amendment of Regulation 4 of the principal Regulations
4
Paragraph (2) of Regulation 4 of the principal Regulations (functions not to be exercisable by Primary Care Trusts) shall be deleted.
Amendment of Schedule 3 to the principal Regulations
5
1
Schedule 3 to the principal Regulations (regulations conferring functions to be exercisable by Primary Care Trusts) shall be amended as follows.
2
In the entry relating to the National Health Service (General Medical Services) Regulations 1992 before “regulations 34 and 34A” there shall be inserted —
Part 3 (practice vacancies) Fully
.
3
At the end there shall be added —
The National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002 Fully
.
Amendment of Schedule 4 to the principal Regulations
6
1
Schedule 4 to the principal Regulations (delegable functions which are not to be exercised by a Primary Care Trust) shall be amended as follows.
2
The following entries shall be deleted —
a
the entry relating to the Health and Safety at Work Act 1974;
b
the entry relating to section 28(1), (2), (5) and (6) of the Health Act 1999.
3
For the entry relating to the Mental Health Act 1983, there shall be substituted —
Mental Health Act 1983– section 12(2) Approving registered medical practitioners as having special experience in the diagnosis or treatment of mental disorder
.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Street Works (Inspection Fees) (England) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the New Roads and Street Works Act 1991;
“service pipe” and “service line” have the same meaning as in paragraph 7(3) of Schedule 4 to the Act;
“statutory undertaker” means an undertaker who executes street works by virtue of a statutory right;
“works” means street works involving the excavation or reinstatement of any part of a street;
“year” means a year starting on 1st April and ending on 31st March.
Inspection fees
3
1
An undertaker shall pay to the street authority a fee of £20.00 for each chargeable inspection of works carried out by the street authority.
2
For the purposes of this regulation, subject to paragraph (6) below, a chargeable inspection of works is an inspection at random of not less than 10 per cent and not more than 10.5 per cent of each phase of works, and not more than 30 per cent of the total number of reckonable units of inspection in any year.
3
For the purposes of this regulation, a unit of inspection is: —
a
a single excavation not exceeding 200 metres in length; or
b
more than one and not more than 5 excavations and, in the case of works relating to service pipes and service lines, not more than 10 excavations, provided that in each case —
i
all the excavations are in the same street,
ii
all the excavations are part of the same works,
iii
all the excavations are made within a period of 10 working days,
iv
each excavation is within 500 metres of every other excavation; and
v
the aggregate length of all the excavations does not exceed 200 metres; or
c
in the case of an excavation longer than 200 metres each length of 200 metres within the length of that excavation or the balance of such length.
4
For the purposes of this regulation, the phases of works are: —
a
the period when the works are being carried out, ending with the day on which interim or permanent reinstatement is completed;
b
the period of six months starting with the day on which interim or permanent reinstatement is completed; and
c
the period of three months immediately preceding the end of —
i
in the case of excavations to a depth exceeding 1.5 metres to the top of the apparatus over a length of 5 metres or more, 3 years from completion of permanent reinstatement,
ii
in any other case, 2 years from the completion of permanent reinstatement.
5
For the purposes of this regulation, save as provided in paragraph (6) below, the number of reckonable units of inspection in a year is the average of the number of units of inspection for the undertaker per year calculated over the three immediately preceding years.
6
Where an undertaker has not previously executed any street works in streets for which the authority making the inspections is the street authority, the number of reckonable units of inspection for each of the first three years is the estimated number of units of inspection for the undertaker for that year.
7
For the purposes of making the estimate referred to in paragraph (6), the undertaker shall, prior to carrying out any works in streets for which the authority making the inspections is the street authority, provide the street authority with an estimate of the number of units of inspection they expect to generate in that year.
8
Where an undertaker fails to provide the street authority with an estimate within the time period referred to in paragraph (7) above, the street authority shall carry out and charge a fee of £20.00 to that undertaker for so many inspections as the street authority considers appropriate, until such time as the undertaker provides the street authority with an estimate, whereupon the provisions of paragraph (9) below shall apply.
9
Once the undertaker referred to in paragraph (8) above has provided an estimate to the street authority, the provisions of paragraph (6) above shall apply, and the first three years, referred to in paragraph (6) shall be deemed to commence on the date on which the estimate is received by the street authority.
Revocations
4
The Street Works (Inspection Fees) Regulations 1992 are revoked so far as they extend to England, and The Street Works (Inspection Fees) (Amendment) (England) Regulations 2001 are revoked.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department of Transport
6th August 2002


text:
1
This Order may be cited as the North Derbyshire Tertiary College (Dissolution) Order 2002 and shall come into force on 1st December 2002.
2
On 31st December 2002 the corporation shall be dissolved and —
a
all of the corporation’s property, rights and liabilities specified in Part 1 of the Schedule to this Order shall be transferred to Chesterfield College;
b
all of the corporation’s property, rights and liabilities specified in Part 2 of the Schedule to this Order shall be transferred to North Nottinghamshire College;
c
all of the corporation’s property, rights and liabilities specified in Part 3 of the Schedule to this Order shall be transferred to The Derbyshire County Council; and
d
all other property, rights and liabilities belonging to the corporation shall be transferred to the Council.
3
Section 26(1) to (5) of the Act shall apply to any person employed by the corporation immediately before 31st December 2002 —
a
as if for subsection (1) there were substituted the following subsection —
1
This section applies to any person who immediately before 31st December 2002 is employed by the corporation to work at North Derbyshire Tertiary College and is designated for the purposes of this section by an order made by the Secretary of State
; and
b
as if the references in subsections (2) to (4) —
i
to the operative date were to 31st December 2002;
ii
to the transferor were to the corporation; and
iii
to the corporation were to whichever of Chesterfield College, North Nottinghamshire College or The Derbyshire County Council as is specified in an Order made under section 26(1) of the Act as so modified.
4
The property transferred to The Derbyshire County Council in accordance with Regulation 2(c) above shall be held by it upon trust for the provision of education within the County of Derbyshire with power for it to dispose by sale or letting of any such property in accordance with the requirements of the Charities Act 1993 and to apply all monies received whether capital or income to such provision.
Margaret Hodge
Minister of State,
Department for Education and Skills
3rd July 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Adur (Electoral Changes) Order 2002.
2
This Order, except article 7(1), shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Article 7(1) shall come into force on the day after that on which this Order is made.
Interpretation
2
In this Order —
“district” means the district of Adur;
“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 District of Adur (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 Adur District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Adur
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.
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 the number specified in respect of the ward in column (2) of Schedule 1.
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.
Elections of the council of Adur
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Lancing
5
1
The existing wards of the parish of Lancing shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Churchill, Manor, Mash Barn and Widewater; the parish wards of Churchill, Mash Barn and Widewater shall comprise the area of the district ward bearing the same name, and the parish ward of Manor shall consist of the rest of the parish.
3
The number of parish councillors to be elected for each parish ward shall be four.
Wards of the parish of Sompting
6
1
The existing wards of the parish of Sompting shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Cokeham North, Cokeham South, Peverel North and Peverel South, and the wards shall comprise the areas designated on sheet 2 by reference to the names of the wards and demarcated by orange lines.
3
The number of parish councillors to be elected for each parish ward shall be three.
Parish Elections
7
1
The ordinary elections in of parish councillors for the parishes of Lancing and Sompting in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
2
Elections of all parish councillors for the parishes of Lancing and Sompting shall be held simultaneously on the ordinary day of election of councillors in 2004, 2008, and every fourth year after 2008.
3
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2004 in the office of a parish councillor for the parishes of Lancing and Sompting as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004.
Maps
8
Adur District Council shall make a print of the map marked “Map referred to in the District of Adur (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
9
The Electoral Registration Officer for the district 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
10
The District of Adur (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(8).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Telford and Wrekin 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 Telford and Wrekin 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 Telford and Wrekin 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 Shropshire 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 available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Shropshire Community and Mental Health Services 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:
Citation and commencement
1
These Regulations may be cited as the M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 2002 and shall come into force on 23rd July 2002.
Prohibitions
2
1
No person shall drive a motor vehicle at a speed exceeding 40 miles per hour on the lengths of road specified in Part II of the Schedule to these Regulations.
2
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on the lengths of road specified in Part III of the Schedule to these Regulations.
3
No person shall drive a motor vehicle at a speed exceeding 60 miles per hour on the lengths of road specified in Part IV of the Schedule to these Regulations.
4
Part I of the Schedule to these Regulations shall have effect for the interpretation of the Schedule.
Revocations
3
The M4 Motorway (Hillingdon and Hounslow) (Speed Limits) Regulations 1998 and the M4 Motorway (Hillingdon and Hounslow) (Speed Limit) (Amendment) Regulations 1999 are hereby revoked.
Signed by the authority of the Secretary of State for Transport
John Spellar
Minister for Transport,
Department for Transport
24th June 2002


text:
1
This Order may be cited as the Northern Ireland Act 2000 (Modification) Order 2002 and shall come into force on the day after the day on which it is made.
2
At the end of paragraphs 8(3) and 9(4) of the Schedule to the Northern Ireland Act 2000, for “money provided by Parliament” there shall be substituted “the Consolidated Fund of Northern Ireland”.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th October 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2002 and shall come into force on 8th April 2002.
2
In these Regulations —
“The principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations extend to England only .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 (capital limit) of the principal Regulations for the amount “£18,500” substitute the amount “£19,000”.
Amendment of regulation 28(1) of the principal Regulations
3
In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations —
a
for the amount “£11,500” (both times it appears) substitute the amount “£11,750”; and
b
for the amount “£18,500” substitute the amount “£19,000”.
Revocation
4
Regulations 3 and 4 of the National Assistance (Assessment of Resources) (Amendment) ( No. 2) (England) Regulations 2001 are hereby revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
24th February 2002


text:
1
This Order may be cited as the Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2002 and shall come into force on 30th December 2002 or, if this Order has not been made by 29th December 2002, on the day after the day on which it is made.
2
The code of practice entitled “Code of Practice for Constables and Customs Officers under the Proceeds of Crime Act 2002” laid in draft before Parliament on 25th November 2002 shall come into operation on 30th December 2002 or, if this Order has not been made by 29th December 2002, on the day after the day on which this Order is made.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
16th December 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Disability Discrimination (Prescribed Periods for Accessibility Strategies and Plans for Schools) (England) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations apply only in relation to England.
Prescribed periods for accessibility strategies and accessibility plans
2
For the purposes of sub-sections (2) and (9) of section 28D of the Disability Discrimination Act 1995, and subject to regulation 3 below, the prescribed period shall in each case be a period of three years beginning on 1st April 2003 and ending on 31st March 2006.
3
In respect of a school established after 1st April 2003, for the purposes of sub-section (9) of section 28D of the Disability Discrimination Act 1995, the prescribed period shall be the period beginning on the date the school is established and ending on 31st March 2006.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th July 2002


text:
1
These Regulations may be cited as the Lottery Duty (Instant Chances) (Amendment) Regulations 2002 and shall come into force on 17th October 2002.
2
Amend the Lottery Duty (Instant Chances) Regulations 1995 as follows.
3
In regulation 5(2)(b) for “fifteen days” substitute “thirty days”.
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
M. J. Eland,
Commissioner of Customs and Excise
11th September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2002 and shall come into force on 14th November 2002.
Amendments to the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulations 3 to 8.
3
In regulation 3(1) in the definition of “theory test” for the words “theoretical test” there shall be substituted “test of driving theory and hazard perception”.
4
In regulation 30(1)(b) for “£15.50” there shall be substituted “£18”.
5
In regulation 40 —
1
In paragraph (2)(a) for the words “theoretical test” there shall be substituted the words “test of driving theory and hazard perception”.
2
For paragraph (5)(a) there shall be substituted —
a
the theory test if he satisfies the person conducting the test —
i
in respect of the test of driving theory described in paragraph (8A) of this knowledge and understanding of the specific matters; and
ii
in respect of the hazard perception test described at paragraph (8B) that his performance in the test demonstrates an ability to perceive hazards on the road;
3
For paragraph (8) there shall be substituted —
8
The theory test shall be conducted in two parts, one part being the test of driving theory described in paragraph (8A) and the other being the hazard perception test described in paragraph (8B).
4
After paragraph (8) there shall be inserted the following —
8A
The test of driving theory shall —
a
be conducted as an approved form of examination consisting of 35 questions, the questions being in either a multiple choice or multiple response form and testing a candidate on the specified matters in accordance with Schedule 7; and
b
have a duration of 40 minutes or, in the circumstances specified in paragraph (9), 80 minutes.
8B
The hazard perception test shall —
a
be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and
b
require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard relating to traffic on the road.
8C
For the purposes of this regulation —
“an approved form of examination” means a form of examination which is conducted in writing or by means of data recorded on equipment operating in response to instructions given by the candidate, and;
“film clip” means a sequence of visual images displayed electronically.
6
In Regulation 47(8) for “£5” there shall be substituted “£7.50”.
7
In Regulation 48(3)(a) for “£2.43” there shall be substituted “£2.75”.
8
For the table in Schedule 5 (fees for practical and unitary tests) there shall be substituted the table in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
20th October 2002
We approve the making of these Regulations.
Philip Woolas
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
21st October 2002


text:
Citation, purpose and commencement
1
1
These Regulations may be cited as the Postal Services (EC Directive) Regulations 2002.
2
These Regulations have effect for the purpose of implementing the Directive of the European Parliament and the Council of the European Union of 15th December 1997 ( No. 97/67/EC ) on common rules for the development of the internal market of Community postal services and the improvement of quality of service as amended by the Directive of the European Parliament and the Council of the European Union of 10th June 2002 (No. 2002/39/EC ) with regard to the further opening to competition of Community postal services .
3
In these Regulations “ the Act ” means the Postal Services Act 2000 .
4
Subject to paragraph (5), these Regulations shall come into force on 1st January 2003.
5
Regulation 8 shall come into force on 1st January 2006.
Amendments to the Postal Services Act 2000
2
In section 6(6) of the Act (provision that a reference to conveying a letter includes a reference to receiving, collecting or delivering a letter), for “and section 7(1)” substitute “or section 7(1) or (1A)”.
3
1
Section 7 of the Act (exceptions to restriction on provision of postal services) is amended as follows.
2
After subsection (1), insert —
1A
Section 6(1) is not contravened by the conveyance of a letter in circumstances where the service of conveying the letter is outside the scope of the universal postal service in the United Kingdom.
.
3
In subsection (2) of the Act, insert after paragraph (i) —
ia
the conveyance and delivery of letters, and the collection of letters for that purpose, by a person who is not a licence holder, who provides those services under a contract for services where the other party to the contract is the sender and who does not provide those services to any person other than the sender
.
4
After section 7 of the Act, insert —
7A
Scope of the universal postal service: meaning
1
For the purposes of section 7(1A), a postal service is outside the scope of the universal postal service in the United Kingdom if it is not, or is not substantially similar to, a postal service within subsection (2).
2
A postal service is within this subsection if it is a postal service —
a
which a postal operator is required to provide in the discharge of any duty to provide a universal postal service, or part of such a service, —
i
imposed under section 3(2) as a condition of the operator’s licence under Part II, or
ii
included in his licence as a condition by virtue of section 13(1), or
b
which a postal operator is required to provide in the discharge of any duty to provide a postal service imposed on him by an order under section 102(2).
3
For the purposes of subsection (1), a postal service is not to be regarded as being not substantially similar to a postal service within subsection (2) merely because —
a
the service in question does not comply with section 4(1),
b
where the person providing the service provides it only to persons within a class specified by him for the purposes of its provision, it is not available to all persons within that class, or
c
where the service has the characteristic of three day delivery, it also has one or more of the characteristics mentioned in subsection (4).
4
Those characteristics are that —
a
the service provides for the collection of a postal packet at a place specified by the sender of the packet,
b
the service provides for the delivery of a postal packet at or by a time specified by the sender of the packet,
c
the service provides for the delivery of a postal packet to be recorded, and
d
the service provides for postage to be chargeable in a form or manner, or to be paid at a time or in a manner, different from that provided for by a postal service within subsection (2).
5
For the purposes of subsection (3)(c), a postal service has the characteristic of three day delivery if, in all or the majority of cases in which a postal packet is sent by it, it seeks to deliver the packet before the end of the period of three working days beginning with the day after the day on which it is received or collected.
.
5
After section 12 of the Act, insert —
Licences: refusal
12A
Where the Commission determines not to grant a licence (in whole or in part), it shall, as soon as practicable after making that determination, notify the applicant and give him a written statement of its reasons for the determination.
.
6
After section 12A of the Act, insert —
Licences: determination of applications
12B
1
For the purposes of this section —
“non-reservable service” means a service of conveying letters from one place to another, where each letter has either or both of the following characteristics, namely —
that it is conveyed in consideration of a payment of not less than 80 pence made by or on behalf of the person for whom it is conveyed, or
that it weighs not less than 100 grams;
“reservable service” means a service of conveying letters from one place to another, where each letter —
is conveyed in consideration of a payment of less than 80 pence made by or on behalf of the person for whom it is conveyed, and
weighs less than 100 grams;
and subsection (6) of section 6 applies as it applies for the purposes of that section.
2
Where an application for a licence seeks authority for the provision of a reservable service which no person (other than a universal service provider) is authorised by a licence to provide in the manner sought in the application —
a
in a case where the application seeks authority for the provision of that service alone, the Commission shall grant a licence if, and only if, it is satisfied that the requirements of subsections (5) and (6) will be met in relation to the licence (if and when it is granted), and
b
in any other case, the Commission shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.
3
Where an application for a licence seeks authority for the provision of a reservable service which a person (other than a universal service provider) is authorised by a licence to provide in the manner sought in the application —
a
in a case where the application seeks authority for the provision of that service alone, the Commission shall grant a licence if, and only if, it is satisfied that the requirements of subsection (5) will be met in relation to the licence (if and when it is granted), and
b
in any other case, the Commission shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.
4
Where an application for a licence seeks authority for the provision of a non-reservable service, the Commission —
a
in a case where the application seeks authority for the provision of that service alone, shall grant a licence if, and only if, it is satisfied that the requirements of subsection (5) will be met in relation to the licence (if and when it is granted), and
b
in any other case, shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.
5
The requirements of this subsection are —
a
that the licence includes provisions designed to safeguard the provision of a universal postal service,
b
that the licence includes provisions designed to ensure that the holder complies with such requirements as the Commission considers necessary for the purpose of —
i
safeguarding confidentiality in connection with the sending, conveyance and delivery of letters;
ii
safeguarding security where dangerous goods are transported;
iii
safeguarding the confidentiality of information conveyed;
iv
preserving privacy;
v
protecting the environment;
vi
promoting such policies as the Secretary of State may from time to time have in respect of regional planning and development, and
c
that the holder of the licence is in a position to comply with any requirement imposed on him by provision made under paragraph (a) or (b).
6
The requirement of this subsection is that —
a
the grant of the licence, and
b
the grant to the holder or any other person of any licence of a similar nature, does not endanger the ability of a universal service provider to provide basic postal services.
7
In subsection (6) “basic postal services”, in relation to a universal service provider, means such postal services as he is required to provide in the discharge of any duty to provide a universal postal service, or part of such a service, —
a
imposed under section 3(2) as a condition of his licence,
b
included in his licence as a condition by virtue of section 13(1), or
c
imposed on him by an order under section 102(2).
.
7
In section 125 of the Act (interpretation), at the end of the definition of “the Postal Services Directive”, add “as amended by the Directive of the European Parliament and the Council of the European Union of 10th June 2002 (No. 2002/39/EC ) with regard to the further opening to competition of Community postal services”.
Amendments taking effect from 1st January 2006
8
In section 12B of the Act —
a
in the definition of “non-reservable service”, for “80 pence” substitute “65 pence”, and for “100 grams” substitute “50 grams”,
b
in the definition of “reservable service”, for “80 pence” substitute “65 pence”, and for “100 grams” substitute “50 grams”.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
11th December 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Qualifications and Experience) (Third General System) Regulations 2002.
2
These Regulations shall come into force on 16th July 2002
Interpretation
2
In these Regulations, “the Directive” means the Directive 1999/42/ EC of the European Parliament and of the Council of 7th June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications.
PART 1
Production of certificates of experience
3
1
The Secretary of State shall issue a certificate, to be called a “Certificate of Experience”, to a person who makes an application to her for the issue of such certificate in respect of a relevant activity and satisfies her as to his relevant experience and qualifications gained in the United Kingdom as set out in Schedule 1.
2
A relevant activity is an activity which falls within the lists of activities set out in Annex A to the Directive.
False Representations or Declaration
4
Any person who procures or attempts to procure the issue of a certificate by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
1
Where the Secretary of State is satisfied that —
a
a certificate was issued in reliance upon a representation or declaration in respect of which a person has been convicted of an offence under regulation 4; or
b
information in reliance upon which a certificate has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained, she may revoke the certificate by notice in writing sent to the person named in the certificate subject to the conditions in paragraph (2).
2
The condition is that before revoking the certificate the Secretary of State shall serve on the person named in the certificate a notice specifying —
a
that she is minded to revoke the certificate; and
b
the false representations or declarations in respect of which a person has been convicted of an offence; or
c
the incorrect information; and
d
the effect of (b) and (c) on the truth of the certificate,
and inviting that person within a reasonable period of not less than 28 days to submit representations in writing as to —
i
the relevance of any conviction for an offence in relation to the certificate or the matters to which it attests; and
ii
any other reason why the Secretary of State should not revoke the certificate
and the Secretary of State shall consider any representation submitted within the period specified in the notice.
PART 2
Amendment of the Farriers (Registration) Act 1975
6
The Farriers (Registration) Act 1975 shall be amended as set out in Schedule 2.
Melanie Johnson,
Parliamentary Under Secretary of State, for Competition, Consumers and Markets,
Department of Trade and Industry
18th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rowley Regis and Tipton 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 Rowley Regis and Tipton 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 Rowley Regis and Tipton 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 Sandwell 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 available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Sandwell Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
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 Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002 and shall come into force on the twenty-eighth day after the day on which it is made.
2
For the purposes of paragraph 10 of Schedule 3 to the Data Protection Act 1998, the circumstances specified in any of paragraphs 3, 4, 5 or 6 in the Schedule to this Order are circumstances in which sensitive personal data may be processed .
Signed by the authority of the Lord Chancellor
Yvette Cooper
Parliamentary Secretary,
Lord Chancellor’s Department
19th November 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 2002, shall come into force on 1st July 2002 and shall extend to England only, except that —
a
regulation 3 shall extend to England, Wales and Northern Ireland in so far as it relates to regulation 11 of the Feeding Stuffs Regulations 2000 as amended by these Regulations or to regulation 12 of those Regulations; and
b
regulation 5 shall extend to England, Wales and Northern Ireland.
Amendment of the Feeding Stuffs Regulations 2000
2
The Feeding Stuffs Regulations 2000 shall be amended in accordance with regulations 3 to 12 below.
3
In regulation 2 (interpretation), for paragraph (8) there shall be substituted the following paragraph —
8
Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs (Amendment) Regulations 2002 are made.
.
4
In each of regulations 7(1) and 25(1), after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be added the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.
5
In regulation 11 (applications for Community authorisation of additives and of new uses for additives) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
Where documentation is submitted to the Agency pursuant to paragraph (1) above, it shall —
a
forward it to the Commission; and
b
forward a copy of it to each EEA State (other than the United Kingdom),
in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.
; and
c
for paragraph (5) there shall be substituted the following paragraph —
5
Where the Agency rejects documentation submitted to it pursuant to paragraph (1) above, or postpones taking the action specified in paragraph (2) above in relation to it, it shall inform the Commission, the applicant and each EEA State (other than the United Kingdom) of the rejection or postponement, and shall notify them of the reasons for its rejection or postponement.
.
6
In paragraph (2) of regulation 19, for the expression “Schedule 10” there shall be substituted the expression “Schedule 9”.
7
In paragraph (2) of regulation 25, for the word “regulations” to the end there shall be substituted the following provisions —
regulation 4 (except in so far as it relates to Part II of Schedule 5), 9(1) (in so far as it regulates putting into circulation), (2) and (3), 10(1) to (4), (6), (6A) and (7), 13(2) (in so far as it falls to be read with paragraph (3)(a), (c) or (d) of that regulation), (4), (6) and (7), 14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1).
.
8
Regulation 27(a) and (b) shall be revoked.
9
In Schedule 3 (permitted additives and provisions relating to their use), for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in Schedule 1 to these Regulations.
10
In Schedule 7 (prescribed limits for undesirable substances) —
a
for the entry for Dioxin (sum of PCDD and PCDF ) in column 1 of Chapter A of Part I of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter; and
b
for the entry for Dioxin (sum of PCDD and PCDF) in column 1 of Chapter A of Part II of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter,
there shall be substituted the entries set out in Schedule 2 to these Regulations.
11
In Schedule 8 (control of certain protein sources) —
a
the entry in column 6 (“All animal species”) corresponding with the entry in column 2 relating to “3. Amino acids and their salts” shall be deleted; and
b
for the entry in that column (“Ruminants from the beginning of rumination”) corresponding with the entry in column 2 relating to “3.1.1.DL-methionine, technically pure” there shall be substituted the entry “All animal species”.
12
In Schedule 9 (permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use) for the entries in columns 2 to 6 of Chapter A relating to the support of liver function in case of chronic liver insufficiency in dogs or cats there shall be substituted the entries set out in Schedule 3 to these Regulations.
Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
13
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in so far as they extend to England as follows —
a
in Part II of Schedule 1 (manner of taking, preparing, marking, sealing and fastening of samples), for paragraph 5(1) there shall be substituted the following provision —
1
An inspector who intends to take a sample in accordance with section 76(7) of the Act as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999 shall satisfy himself that the conditions in which the material concerned is stored are not such as might have caused undue deterioration of it, and that it appears not to have been contaminated by any other material.
;
b
in Part I of Schedule 2 (methods of analysis), for paragraph 3(e)(ii) there shall be substituted the following provision —
ii
grinding to pass 1 mm should not be used where it could lead to difficulties in identifying the undesirable substances listed in Schedule 7 to the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002.
; and
c
in Part II of Schedule 3 (form of certificate of analysis), for note 11(a) there shall be substituted the following note —
a
whether or not the material was named in accordance with the requirements of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002 and, if it was not named in accordance with those requirements, in what respect it was not;
.
Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
14
1
The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 shall be amended in so far as they extend to England as specified in paragraph (2).
2
In the provisions of those Regulations specified in paragraph (3), for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”.
3
The provisions are regulations 98(8) and (9), 99 and 106(1).
Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
15
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in so far as they extend to England as follows —
a
in paragraph (1) of regulation 2, for the definition of “third country” there shall be substituted the following definition —
“third country” means a country other than a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
;
b
in each of paragraphs (2) and (4) of regulation 7, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”;
c
in regulation 8, for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”; and
d
in regulation 9, in the text of subsection (8) of section 67 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”; and
e
in regulation 10, in the text of subsection (17) of section 76 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State,
Department of Health
23rd May 2002