text:
Citation, commencement and extent
1
1
These Rules may be cited as the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 and shall come into force on 23rd December 2002.
2
These Rules extend to England only.
Interpretation
2
In these Rules —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act;
“document” includes a photograph, map or plan;
“enforcement appeal” means an appeal against an enforcement notice;
“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act;
“inquiry” means a local inquiry to which these Rules apply;
“inspector” means a person appointed by the Secretary of State under Schedule 6 to the Planning Act or, as the case may be, Schedule 3 to the Listed Buildings Act to determine an appeal;
“land” means the land or building to which an inquiry relates;
“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means in relation to —
an enforcement appeal, the body who issued the relevant enforcement notice;
an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the body to whom the application was made;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“relevant notice” means the Secretary of State’s written notice under rule 4(1), informing the appellant and the local planning authority that an inquiry is to be held;
“starting date” means the date of the —
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal pursuant to regulation 10 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 ; or
relevant notice,
whichever is the later;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the appellant, which contains agreed factual information about the development, breach of condition or works which are the subject of the appeal.
Application of the Rules
3
1
These Rules apply in relation to any local inquiry held in England by an inspector before he determines an appeal made on or after 23rd December 2002 under —
a
section 174 of the Planning Act (appeal against enforcement notice);
b
section 195 of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);
c
section 39 of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice),
but do not apply to any local inquiry by reason of the application of any provision mentioned in this rule by or under any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with —
a
the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 ; or
b
the Town and Country Planning (Enforcement)(Inquiries Procedure) Rules 1992 ,
any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The Secretary of State shall, as soon as practicable after it is determined to hold an inquiry under these Rules, inform the appellant and the local planning authority in writing that an inquiry is to be held.
2
The local planning authority shall within 2 weeks of the starting date —
a
send to the Secretary of State and the appellant a completed questionnaire and a copy of each of the documents referred to in it;
b
in the case of an enforcement appeal, notify any —
i
person on whom a copy of the enforcement notice has been served;
ii
occupier of property in the locality in which the land to which the enforcement notice relates is situated; and
iii
other person who in the opinion of the local planning authority is affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice,
that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Notification of name of inspector
5
1
The Secretary of State shall, subject to paragraph (2), notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Service of statements of case etc.
6
1
The local planning authority shall, within 6 weeks of the starting date, serve 2 copies of their statement of case on the Secretary of State and, in the case of an enforcement appeal, a copy on any person on whom a copy of the enforcement notice has been served.
2
The local planning authority shall include in their statement of case details of the time and place where the opportunity will be given to inspect and take copies described in paragraph (13).
3
The appellant shall, within 6 weeks of the starting date, serve 2 copies of his statement of case on the Secretary of State and, in the case of an enforcement appeal, a copy on any person on whom a copy of the enforcement notice has been served.
4
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the appellant and a copy of the appellant’s statement of case to the local planning authority.
5
The appellant and the local planning authority may in writing each require the other to send them a copy of any document, or the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the party who required it.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry, to serve —
a
3 copies of their statement of case on him within 4 weeks of being so required; and
b
in the case of an enforcement appeal, simultaneously, a copy of their statement of case on any person specified by the Secretary of State,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the appellant.
7
The Secretary of State shall, as soon as practicable —
a
send to any person from whom he requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the appellant and the local planning authority; and
b
inform that person of the name and address of every person to whom his statement of case is required to be sent.
8
The Secretary of State may in writing require any person, who has served on him a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement of case as he may specify and may specify the time within which the information shall be sent to him.
9
A local planning authority or appellant required to provide further information, shall send within the time specified —
a
2 copies of that information in writing to the Secretary of State; and
b
in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the appellant and a copy of the further information received from the appellant to the local planning authority.
10
Any other person required to provide further information shall send within the time specified —
a
3 copies of that information in writing to the Secretary of State; and
b
in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the appellant.
11
Any person other than the appellant who serves a statement of case on the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).
12
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document, further information and written comments sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
13
The local planning authority shall give any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, further information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s completed questionnaire and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other document sent by the local planning authority pursuant to this rule.
14
If the local planning authority or the appellant wish to comment on another person’s statement of case, they shall send within 9 weeks of the starting date —
a
2 copies of their written comments to the Secretary of State; and
b
in the case of an enforcement appeal, a copy of their written comments to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments received from the appellant to the local planning authority and a copy of the written comments received from the local planning authority to the appellant.
15
Any person, other than the local planning authority or the appellant, who serves a statement of case on the Secretary of State under this rule and who wishes to comment on another person’s statement of case, shall send, not less than 4 weeks before the date fixed for the holding of the inquiry —
a
3 copies of their written comments to the Secretary of State; and
b
in the case of an enforcement appeal, a copy of their written comments to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and to the appellant.
Statement of matters and pre-inquiry meetings
7
1
An inspector may, within 12 weeks of the starting date, send to the appellant, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served, a written statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
2
An inspector shall hold a pre-inquiry meeting —
a
if he expects an inquiry to last for 4 days or more, unless he considers it is unnecessary; or
b
for shorter inquiries, if it appears to him necessary.
3
An inspector shall give not less than 2 weeks' written notice of a pre-inquiry meeting to —
a
the appellant;
b
the local planning authority;
c
any other person known to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable.
4
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
5
An inspector may request any further information from the appellant or the local planning authority at the pre-inquiry meeting.
6
The appellant and the local planning authority shall —
a
send 2 copies of any further information requested under paragraph (5) to the inspector; and
b
in the case of an enforcement notice appeal, send a copy to any person on whom a copy of the enforcement notice has been served,
within 4 weeks of the conclusion of the pre-inquiry meeting.
7
The inspector shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the appellant and a copy of any further information received from the appellant to the local planning authority.
Inquiry timetable
8
1
In respect of inquiries that appear to the Secretary of State likely to last for 4 days or more, the inspector shall prepare a timetable for the proceedings.
2
In respect of shorter inquiries, the inspector may at any time prepare a timetable for the proceedings at, or at part of, an inquiry.
3
The inspector may, at any time, vary the timetable prepared under the preceding paragraphs.
4
The inspector may specify in a timetable prepared pursuant to this rule a date by which any proof of evidence and summary sent in accordance with rule 15(1) shall be sent to him.
Date and notification of inquiry
9
1
The date fixed by the Secretary of State for the holding of an inquiry shall be —
a
not later than 20 weeks after the starting date unless he considers such a date impracticable; or
b
the earliest date after that period which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
3
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period of 20 weeks mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.
4
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice as appears to him to be reasonable.
5
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
6
Where the land is under the control of the appellant, he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
7
Every notice of inquiry published, sent or posted pursuant to paragraph (5), or affixed pursuant to paragraph (6), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and any document sent by and copied to the authority pursuant to rule 6 may be inspected.
Notification of appointment of assessor
10
Where the Secretary of State appoints an assessor he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Appearances at inquiry
11
1
The persons entitled to appear at the inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or a district council;
ii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iii
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
iv
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served;
f
in the case of an appeal under section 195 of the Planning Act, any person having an interest in the land;
g
the Historic Buildings and Monuments Commission for England where —
i
the inquiry relates to an enforcement notice under section 38 of the Listed Buildings Act;
ii
the listed building is in Greater London; and
iii
if an application for listed building consent had been made for the works set out in the enforcement notice, the Commission would have been notified of the application under a direction given under section 15(5) of the Listed Buildings Act;
h
any other person who has served a statement of case in accordance with rule 6(6).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Information to be provided by all parties
12
Any person entitled or permitted to appear at the inquiry, who proposes to give, or call another person to give evidence at the inquiry, shall send in writing to the Secretary of State no later than 4 weeks before the inquiry —
a
an estimate of the time required to present all their evidence; and
b
the number of witnesses that they intend to call to give evidence.
Representatives of government departments at inquiry
13
1
Where the Secretary of State or any other Minister of the Crown or any government department has expressed in writing to the local planning authority a view on an appeal and the authority refer to that view in a statement prepared pursuant to rule 6(1), the appellant may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister or department concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister or department concerned, who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative pursuant to this rule shall state the reasons for the expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or government department to answer any question, which in the opinion of the inspector, is directed to the merits of government policy.
Inspector may act in place of Secretary of State
14
An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 6(6) to (10), (14) and (15), rules 9, 22 and 23; and where an inspector requires further information or copies pursuant to rules 6(8) or 23, that information or copies shall be sent to him.
Proofs of evidence
15
1
Any person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall —
a
subject to paragraph (2), send 2 copies, in the case of the local planning authority and the appellant, or 3 copies in the case of any other person, of the proof of evidence together with a written summary to the Secretary of State; and
b
in the case of an enforcement appeal, simultaneously send copies of these to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each proof of evidence together with any summary to the local planning authority and the appellant.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof of evidence and any summary shall be sent to the Secretary of State no later than —
a
4 weeks before the date fixed for the holding of the inquiry, or
b
where a timetable has been prepared pursuant to rule 8 which specifies a date by which the proof of evidence and any summary shall be sent to the Secretary of State, that date.
4
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him in accordance with this rule within the relevant period, specified in this rule.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person, required by this rule to send copies of a proof of evidence to the Secretary of State, or any other person, shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(13).
7
The local planning authority shall give any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Statement of common ground
16
1
The local planning authority and the appellant shall together prepare an agreed statement of common ground and shall send it to —
a
the Secretary of State; and
b
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served,
not less than 4 weeks before the date fixed for the holding of the inquiry.
2
The local planning authority shall give any person who asks, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.
Procedure at inquiry
17
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify what are, in his opinion, the main issues to be considered at the inquiry and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
4
Unless the inspector otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
presentation of any matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
7
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 15(5) —
a
the proof of evidence referred to in rule 15(1) shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
8
The inspector may direct that facilities shall be made available to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
9
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
10
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
11
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
12
The inspector may take into account any written representation or evidence or other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
13
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
14
Where the Secretary of State expects an inquiry to last for 4 days or more, any person who appears at the inquiry and makes closing submissions, shall before the close of the inquiry, provide the inspector with a copy of their closing submissions in writing.
Site inspections
18
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the appellant, the local planning authority, any person with an interest in the land and, in the case of an enforcement appeal, any other person on whom a copy of the enforcement notice has been served; and
b
shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied site inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
19
1
Where an assessor has been appointed, he may, after the close of the inquiry make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 20 that such a report was made.
2
When making his decision the inspector may disregard any written representations or evidence or any other document received after the close of the inquiry.
3
If, after the close of the inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and
b
giving them an opportunity of making written representations to him or of asking for the re-opening of the inquiry,
and they shall send such written representations or request to re-open the inquiry to the Secretary of State within 3 weeks of the date of the notification.
4
An inspector may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3); and where an inquiry is re-opened —
a
the inspector shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (2) to (7) of rule 9 shall apply as if references to an inquiry were references to a re-opened inquiry.
Notification of decision
20
1
The inspector shall, as soon as practicable after reaching his decision, notify his decision on an appeal, and his reasons for it in writing to —
a
the appellant and the local planning authority;
b
all other persons entitled to appear at the inquiry who did appear; and
c
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Any person entitled to be notified of the inspector’s decision under paragraph (1) may apply to the Secretary of State in writing for an opportunity to inspect any documents listed in the notification and any report made by an assessor and the Secretary of State shall give him that opportunity.
3
Any application made pursuant to paragraph (2) shall be sent to the Secretary of State within 6 weeks of the date of the decision.
Procedure following remitting of appeal
21
1
Where a decision of an inspector on an appeal for which an inquiry has been held is remitted by any court to the Secretary of State for rehearing and redetermination, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters on which further representations are invited in order for him to consider the appeal further;
b
shall give those persons the opportunity of making written representations to him about those matters or asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and if he does so paragraphs (2) to (8) of rule 9 shall apply as if the references to an inquiry were references to a re-opened inquiry.
2
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
22
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or period within which, any step is required or enabled to be taken shall be construed accordingly.
Additional copies
23
1
The Secretary of State may at any time before the close of the inquiry request from any person entitled to appear additional copies of the following —
a
a statement of case sent in accordance with rule 6;
b
a proof of evidence sent in accordance with rule 15;
c
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such copies should be sent to him.
2
Any person so requested shall send the copies to the Secretary of State within the period specified.
Service of notices by post
24
Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
Revocation and savings
25
1
Subject to paragraph (2), the Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992 (“the 1992 Rules”) shall continue to apply to any local inquiry in England held for the purposes of —
a
an enforcement appeal; or
b
an appeal under section 195 of the Planning Act,
which was made before 23rd December 2002.
2
Where a decision of an inspector on an appeal to which the 1992 Rules applied is subsequently remitted by any court to the Secretary of State for rehearing and redetermination, the matter shall be redetermined in accordance with these Rules or the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 .
Rosie Winterton
Parliamentary Secretary,
Lord Chancellors Department
23rd October 2002


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A41 Trunk Road in Shropshire (A41/M54 Roundabout to the Telford & Wrekin Border) (Detrunking) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan” means the plan, numbered HA10/PS/258, and marked “The A41 Trunk Road in Shropshire (A41/M54 Roundabout to the Telford & Wrekin Border) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescomb Road North, St Leonards-on-Sea, East Sussex TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A41 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Highways Agency
11th February 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Street Works (Records) (England) Regulations 2002 and shall come into force on 1st May 2003.
2
These Regulations apply as respects England only.
Interpretation
2
In these Regulations —
“ the Act ” means the New Roads and Street Works Act 1991;
“a geographical information system” means a computer system for capturing, storing, checking, integrating, manipulating, analysing and displaying data related to spatial locations;
“service pipes and lines” means apparatus of any length of a description contained in paragraph 7(3)(a), (b) or (c) of Schedule 4 to the Act;
“urgent works” means street works, other than emergency works, whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required): —
to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker; or
to avoid substantial loss to the undertaker in relation to an existing service; or
to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period;
and includes works which cannot reasonably be severed from such works.
Form and manner of records
3
1
Subject to regulation 5, a record of every item of apparatus belonging to an undertaker and placed in the street shall be kept by that undertaker on paper, or, subject to regulation 4, in the form of an electronic record or a combination of both, and shall be prepared in the form of:
a
a location or route map recorded on a map background, which is:
i
related to the Ordnance Survey National Grid, subject to paragraph (2); and
ii
prepared to an accuracy at least equivalent to the scale of Ordnance Survey map which is nearest to the scale of that map background; or
b
a statement of National Grid co-ordinates derived from a geographical information system.
2
Ordnance Survey County Series Mapping may only be used to record the location or route map for a period not exceeding five years from the date on which these Regulations come into force (the “transitional period”), and records made in this way must be transferred into one of the other forms prescribed by paragraph (1) by no later than the end of the transitional period.
3
In preparing the record, the location and route of the apparatus shall be recorded so that the measured position shall be within 300mm of the actual position and the recorded position shall be within 500mm of the actual position.
Electronic Records
4
Where an electronic record is kept pursuant to regulation 3 above, it must be capable of being reproduced in a sufficiently legible form to comply with the duty imposed by section 79(3) of the Act (duty to make records available for inspection).
Exceptions
5
The duty in section 79(1) of the Act to keep a record of the location of every item of apparatus shall not apply: —
a
where compliance would lead to the disclosure of the following types of restricted information:
i
information certified by or with the authority of the Secretary of State as being restricted information in the interest of national security;
ii
information certified by or with the authorisation of an undertaker as being restricted information in accordance with the commercial interests of the undertaker;
b
to any apparatus placed by an undertaker in the street within its existing apparatus where the location of the existing apparatus has already been recorded in a form prescribed by regulation 3;
c
to any apparatus placed in the street prior to the date on which these Regulations came into force;
d
to any apparatus belonging to an undertaker which is discovered by him in the street during the course of emergency works or urgent works carried out by him;
e
to any apparatus not installed underground; and
f
to service pipes and lines.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
20th December 2002


text:
1
This Order may be cited as the Office of Communications Act 2002 (Commencement No. 2) Order 2002.
2
Subsections (7) and (8) of section 1 of the Office of Communications Act 2002 shall come into force forthwith.
Patricia Hewitt,
Secretary of State for Trade and Industry
29th November 2002


text:
Citation, commencement and effect
1
These Regulations may be cited as the Controlled Foreign Companies (Excluded Countries) (Amendment No. 2) Regulations 2002, shall come into effect on 11 October 2002 and shall have effect as respects accounting periods beginning on or after that date.
Amendment of the Controlled Foreign Companies (Excluded Countries) Regulations 1998
2
In Part 2 of Schedule 2 to the Controlled Foreign Companies (Excluded Countries) Regulations 1998 (specified territories with qualifications) omit the entry in respect of Ireland.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
19th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Sefton and West Lancashire Community 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 North Sefton and West Lancashire Community National Health Service Trust ;
“the new Trusts” means the Mersey Care National Health Service Trust and the Southport and Ormskirk Hospital 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 Mersey Care National Health Service Trust and signed on behalf of the old Trust on 27th November 2001 and on behalf of the Mersey Care National Health Service Trust on 28th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Mersey Care National Health Service 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 Southport and Ormskirk Hospital National Health Service Trust and signed on behalf of the old Trust on 27th November 2001 and on behalf of the Southport and Ormskirk Hospital National Health Service Trust on 28th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Southport and Ormskirk Hospital 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
These Regulations may be cited as the Education Act 2002 (Transitional Provisions etc.) (England) Regulations 2002 and shall come into force on 2nd September 2002.
2
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1996 Act ” means the School Inspections Act 1996 ; and
“an inspector’s report” means a report made under section 2(2)(b), section 13 or section 14 of the 1996 Act.
Temporary modification of sections 27 and 28 of, and Schedule 1 to, the 2002 Act
3
1
Prior to the coming into force of section 39 of the 2002 Act, “maintained school” in section 27 of, and (to the extent that it is in force) paragraph 3 of Schedule 1 to, the 2002 Act means a maintained school as defined by section 20(7) of the 1998 Act.
2
Prior to the coming into force of section 21 of the 2002 Act, section 28(3) shall have effect as if the reference within it to section 21(2) were a reference to section 38(2) of the 1998 Act.
3
Prior to the coming into force of paragraph 1 of Schedule 1 to the 2002 Act, paragraph 3 of that Schedule (to the extent that it is in force) shall have effect as if references to the governing body were to the governing body of a maintained school incorporated under section 36(1) of the 1998 Act.
Transitional provisions relating to sections 54 to 59 of the 2002 Act
4
Where an inspector’s report has been made before 2nd September 2002:
a
section 15(4) and (6) of the 1998 Act shall have effect as if the amendments made by section 55 of the 2002 Act had not come into force;
b
the Secretary of State may exercise the powers conferred on her by sections 18(1), 18A, 19(1) or 19A of the 1998 Act as if the report had been prepared after that date and a notice had been given under section 16A(2) of the 1996 Act;
c
a local education authority may exercise the powers conferred on it by sections 14(2), 16, 16A or 17 of the 1998 Act as if the report had been prepared after that date and a notice had been given under section 16A(2) of the 1996 Act.
Temporary modification of Schedule 1A to the 1998 Act
5
Prior to the coming into force of section 19 of the 2002 Act, Schedule 1A to the 1998 Act (inserted by Schedule 6 to the 2002 Act) shall have effect as if:
a
in the definition of “normally constituted governing body” in paragraph 1(1), for “in accordance with regulations made by virtue of section 19 of the Education Act 2002” there were substituted “under section 36(1) and Schedule 9”;
b
in paragraph 2(1) for “in accordance with regulations made by virtue of section 19 of the Education Act 2002” there were substituted “under section 36(1) and Schedule 9”; and
c
for paragraph 13(1) there were substituted:
1
The following provisions shall not apply in relation to the interim executive board:
a
section 36(1);
b
Schedule 9;
c
paragraphs 1 and 4 of Schedule 10 and paragraph 3(7)(a) of that Schedule in so far as the instrument of government of the school relates to the constitution of the governing body;
d
paragraphs 2 to 4 and 6 to 8 of Schedule 11; and
e
any regulations made under the provisions contained in Schedules 9 to 11 save for regulations 39 and 40 of the Education (School Government) (England) Regulations 1999 .
.
Modification of regulations 39 and 40 of the Education (School Government) (England) Regulations 1999
6
Where an appropriate authority has appointed a governing body consisting of interim executive members constituted in accordance with Schedule 1A to the 1998 Act, the Education (School Government) (England) Regulations 1999 (as they apply by virtue of paragraph 13(1)(e) of Schedule 1A to the 1998 Act as modified by regulation 5) have effect as if:
a
in regulation 39(1) the words “subject to paragraph 2” and “by a person acting as clerk to the governing body for the purposes of the meeting” are omitted; and
b
regulations 39(2), 39(3) and 40(3) are omitted.
Modification of section 44 of the 1998 Act
7
Section 44 of the 1998 Act (arrangements for government of new schools) shall prior to the coming into force of its repeal (effected by Schedule 22 to the 2002 Act) have effect as if:
a
for subsection (3) there were substituted —
3
The local education authority shall secure that the governing body are so constituted on or before 31st August 2003.
; and
b
in subsection (4) for “the school opening date” there were substituted “1st September 2003”.
Modification of the Education (New Schools) (England) Regulations 1999
8
Regulation 31 of the Education (New Schools) (England) Regulations 1999 is amended as follows:
a
in paragraph (1) for “the school opening date” there is substituted “1st September 2003”;
b
in paragraph (2) the words “for the purpose of constituting the governing body” are omitted; and
c
paragraph (3) is omitted.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Western Sussex Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Western Sussex 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 1st April 2002 a Primary Care Trust to be called the Western Sussex 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.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
1
This Order may be cited as the Teesside Tertiary College (Dissolution) Order 2002 and shall come into force on 1st August 2002.
2
On 1st August 2002 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Middlesbrough College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Middlesbrough College.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
1st July 2002


text:
Title and commencement
1
This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2002 and shall come into force on 1st May 2002.
Amendment to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999
2
1
The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall be amended in accordance with this article.
2
In the list of rabies-free islands contained in paragraph 1 of Schedule 6 the word “Bahrain” shall be inserted in alphabetical order.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
8th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Birmingham Health Authority ;
“the new Trust” means the South Birmingham Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 4th February 2002 and on behalf of the new Trust on 31st January 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 1, Savings and Transitional Provisions) (England) Order 2002.
2
In this Order —
“the 1967 Act ” means the Leasehold Reform Act 1967 ;
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“ the commencement date ” means 26th July 2002 and
references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002.
3
This Order extends to England only.
Provisions coming into force on the commencement date
2
The following provisions shall come into force on the commencement date —
a
sections 114, 129, 132, 133, 137 and 142;
b
subject to the transitional provisions and savings in Schedule 2 to this Order —
i
sections 115 to 120, 125, 127, 128, 130, 131, 134 to 136, 138 to 141, 143 to 147, 160 to 162, and;
ii
section 180 in so far as it relates to those of the repeals in Schedule 14 which are set out in Schedule 1 to this Order;
c
sections 74, 78, 80, 84, 92, 110, 122, 151 to 153, 156, 164, 166, 167, 171, 174 and Schedule 12, in so far as they confer power to make regulations.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
17th July 2002


text:
1
This Order may be cited as the Territorial Sea Act 1987 (Jersey) (Amendment) Order 2002 and may be cited, together with the Territorial Sea Act 1987 (Jersey) Order 1997 , as the Territorial Sea Act 1987 (Jersey) Orders 1997–2002. It shall come into force on the date on which the Agreement between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the Establishment of a Maritime Boundary between France and Jersey enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The Territorial Sea Act 1987 (Jersey) Order 1997 is amended as follows:
a
paragraph (ii) of the proviso to section 1 of the Territorial Sea Act 1987, as extended to the Bailiwick of Jersey with the exceptions, adaptations and modifications specified in the Schedule to the said Order, shall be deleted and the following substituted therefor —
ii
the seaward limit of the territorial sea adjacent to the Bailiwick of Jersey between Point 13 and Point 1 indicated in Schedule 3 to this Act shall consist of a series of straight lines joining, in the sequence given, those two points and Points 14 to 25 indicated in Schedule 4 to this Act.
;
b
in section 1(7) of the said Act of 1987, as so extended, for “Schedule 3” there shall be substituted “Schedules 3 and 4” and paragraph (a) shall be deleted; and
c
at the end of Schedule 3 to the said Act of 1987, as so extended, there shall be added —
SCHEDULE 4
LIST OF POINTS
Section 1(1)(ii)
From Point 13 in Schedule 3 to:
Point Position of Point
14 49°21'.88N 01°59'.55W 15 49°19'.00N 01°53'.50W 16 49°15'.05N 01°50'.00W 17 49°11'.00N 01°50'.00W 18 49°03'.95N 01°51'.55W 19 48°57'.88N 01°56'.57W 20 48°56'.50N 01°59'.00W 21 48°53'.00N 01°59'.00W 22 48°52'.33N 02°05'.00W 23 48°52'.33N 02°14'.50W 24 48°55'.67N 02°31'.52W 25 49°03'.57N 02°31'.52W
thence to Point 1 in Schedule 3.
.
A K Galloway
Clerk to the Privy Council


text:
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2002 and shall come into force on 1st December 2002.
2
The Schedule to the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 shall be amended by substituting:
a
in fee number (i) “£168” for “£160”;
b
in fees numbers (ii) and (iii) “£263” for “£250”;
c
in fee number (iv) “£44” for “£42”;
d
in fees numbers (v) and (vi) “£7.25” for “£7”; and
e
in fees number (v) and (vi) “£9” for “£8.50”.
Alistair Darling
Secretary of State,
Department for Transport
8th November 2002


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2002 and shall come into force on 9th April 2002.
Amendment of Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997
2
1
Regulation 10 of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 shall be amended in accordance with the following provisions.
2
For paragraph (3) shall be substituted the following paragraph —
3
In a case not falling within paragraph (2), a vehicle shall not be disposed of pursuant to this regulation before —
a
the end of a period beginning with the date on which the vehicle was removed in accordance with regulation 9(3) of either —
i
in the case of a vehicle of no economic value, seven days, or
ii
in any other case, fourteen days; and
b
the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in Schedule 2 to these Regulations as are applicable to the vehicle and either —
i
he has failed to ascertain the name and address of the owner, or
ii
the owner has failed to comply with a notice in accordance with paragraph (4) served on him by first class post.
.
3
In paragraph (4), “(ii)” shall be inserted after “(3)(b)”.
4
For sub-paragraph (4)(b) shall be substituted the following sub-paragraph —
b
requires the owner to remove the vehicle from the custody of the custodian —
i
in the case of a vehicle which is of no economic value, within three days of the date on which the notice is served; or
ii
in any other case, within seven days of that date.
.
5
The following paragraph shall be added after paragraph (5) —
6
For the purposes of this regulation, a vehicle is of no economic value if the custodian is satisfied that the total prescribed charges for the removal of the vehicle and its storage for seven days exceed the resale or scrap value of the vehicle.
.
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
18th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cumbria and Lancashire 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 Cumbria and Lancashire Health Authority ;
“the new Trust” means the Lancashire Teaching Hospitals National Health Service Trust or the Blackpool, Fylde and Wyre Hospitals National Health Service Trust as the context requires ;
“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 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Lancashire Teaching Hospitals National Health Service Trust and signed on behalf of both the old Trust and the Lancashire Teaching Hospitals National Health Service Trust on 1st August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Lancashire Teaching Hospitals National Health Service Trust.
2
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Blackpool, Fylde and Wyre Hospitals National Health Service Trust and signed on behalf of the old Trust on 13th July 2002 and on behalf of the Blackpool, Fylde and Wyre Hospitals National Health Service Trust on 4th July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Blackpool, Fylde and Wyre Hospitals 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
4th September 2002


text:
1
This Order may be cited as the Export of Goods (Federal Republic of Yugoslavia) (Control) (Revocation) Order 2002 and shall come into force on 7th March 2002.
2
The Export of Goods (Federal Republic of Yugoslavia) (Control) Order 1998 is revoked .
Nigel Griffiths
Parliamentary Under-Secretary of State for Small Business,
Department of Trade and Industry
12th February 2002


text:
Title, commencement and extent
1
These Regulations —
a
may be cited as the Kava-kava in Food (England) Regulations 2002;
b
shall come into force on 13th January 2003;
c
shall extend to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“Kava-kava” means a plant, or any part of or an extract from a plant, belonging to the species Piper methysticum ;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
Prohibition on sale etc. of food consisting of or containing Kava-kava
3
No person shall —
a
sell; or
b
possess for sale or offer, expose or advertise for sale; or
c
import into England from a country outside the United Kingdom,
any food consisting of or containing Kava-kava.
Penalty and enforcement
4
1
Any person who contravenes regulation 3 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to paragraph (3), each food authority shall enforce within its area the provisions of these Regulations.
3
Each port health authority shall enforce within its district the provisions of these Regulations.
Application of various provisions of the Food Safety Act 1990
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of a business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (g);
i
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (g);
j
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (h);
k
section 36 (offences by bodies corporate);
l
section 44 (protection of officers acting in good faith).
2
Section 8(3) of the Act (which makes presumptions in the case of batches etc. of food) shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
3
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if food which it were an offence to sell under them were food which failed to comply with food safety requirements.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
18th December 2002


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 North 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 North Dorset with the exception of the following roads:
a
all sections of the A31 trunk road within the district;
b
the A303 trunk road from the county boundary with Wiltshire, east of Bourton, to the county boundary with Somerset, west of Bourton.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
9th June 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) (England) Regulations 2002, shall extend to England and Wales, and shall come into force on 13th December 2002.
Amendment of the Potatoes Originating in Egypt Regulations 1998
2
1
The Potatoes Originating in Egypt Regulations 1998 shall be amended in their application to England in accordance with paragraph (2) below.
2
In the Schedule, in the column headed “Instrument”, after “Commission Decision 2001/664/ EC ”, there shall be added “Commission Decision 2002/903/EC ” , and in the column headed “Reference”, after “ OJ No. L233, 31.8.01, p. 49”, there shall be added “OJ No. L312, 15.11.02, p. 28”.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
21st November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Somerset Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the North Somerset 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 1st April 2002 a Primary Care Trust to be called the North Somerset 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.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Luton (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 Luton;
“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 Luton (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 Luton Borough Council.
Wards of the borough of Luton
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
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
The borough of Luton shall make a print of the map marked “Map of the Borough of Luton (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 Luton (Electoral Arrangements) Order 1975 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:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Lithuania) Order 2002.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Lithuania) Order 2001 have been made with the Government of Lithuania with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Lithuania;
b
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 3) Regulations 2002 and shall come into force on 1st August 2002.
2
These Regulations extend to England only .
Amendment of Schedule 10 to the National Health Service (General Medical Services) Regulations 1992
2
In the National Health Service (General Medical Services) Regulations 1992 , in Schedule 10 (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be deleted —
Cow & Gate Nutriprem 2
Farley’s Premcare; and
the following entries shall be inserted in the correct alphabetical position —
Boots Glucosamine Sulphate Capsules
Healthaid Glucosamine Sulphate Tablets
Lamberts Glucosamine Sulphate Tablets
Solgar Glucosamine Sulfate Tablets
Vega Glucosamine Sulphate Capsules
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
10 July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bournewood Community and Mental Health National Health Service Trust Change of Name Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Bournewood Community and Mental Health National Health Service Trust (Establishment) Order 1994 ;
“ 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 North West Surrey Mental Health National Health Service Partnership Trust instead of the Bournewood Community and Mental Health Hospital 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 “Bournewood Community and Mental Health National Health Service Trust” there shall be substituted “North West Surrey Mental Health National Health Service Partnership Trust”.
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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
1
This Order may be cited as the Railways (Heathrow Express) (Exemptions) (Amendment) Order 2002 and shall come into force on 1st December 2002.
2
Article 5 of the Railways (Heathrow Express) (Exemptions) Order 1994 shall be amended by inserting at the end the following paragraph —
3
Every railway passenger service provided —
a
on any railway line comprised in any such network as is mentioned in article 2(1)(b) above, or
b
to or from any such station as is mentioned in article 2(1)(d) above,
is a service in relation to which section 37 of the 1993 Act (proposals to discontinue non-franchised passenger services) is not to have effect.
.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
24th October 2002


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Miscellaneous Dental Charges Amendments) Regulations 2002 and shall come into force on 1 October 2002.
2
In these Regulations —
“the Travelling Expenses Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ; and
“the Dental Charges Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
3
These Regulations apply to England only.
Amendment of regulation 2 of the Travelling Expenses Regulations
2
In regulation 2 of the Travelling Expenses Regulations (interpretation), in paragraph (1), in the definition of “appropriate office”, for “of Social Security” there is substituted “for Work and Pensions”.
Amendment of regulation 3 of the Travelling Expenses Regulations
3
In regulation 3 of the Travelling Expenses Regulations (entitlement to full remission and payment), in paragraph (3)(b), for “health authority” there is substituted “Primary Care Trust”.
Amendment of regulation 8 of the Travelling Expenses Regulations
4
In regulation 8 of the Travelling Expenses Regulations (repayment), after paragraph (5) there is added —
6
The Dental Practice Board constituted under section 37 of the Act is authorised to carry out any activity of the Secretary of State under the preceding paragraphs of this regulation relating to the repayment of charges for dental appliances and dental treatment described in regulation 3(2)(b).
.
Amendment of regulation 8A of the Travelling Expenses Regulations
5
In regulation 8A of the Travelling Expenses Regulations (reimbursement of payments made in respect of relevant travelling expenses) —
a
“a District Health Authority,” , is omitted; and
b
for “District Health Authority or the Primary Care Trust, as the case may be,” there is substituted “Primary Care Trust”.
Amendment of Schedule 1 to the Travelling Expenses Regulations
6
In Table A of Part I of Schedule 1 to the Travelling Expenses Regulations (calculation of resources), in the entry in column (2) relating to “regulation 62” —
a
there is inserted after the first paragraph of that entry —
As if in paragraph (3), in sub-paragraph (a), for “in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study” there were substituted “in that period”.
As if in paragraph (3), in sub-paragraph (b), for “beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable” there were substituted “in respect of which it is payable”.
, and
b
there is added at the end —
As if in paragraph (4), for “the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study” there were substituted “the remaining weeks in that period”.
.
Amendment of regulation 1 of the Dental Charges Regulations
7
In regulation 1 of the Dental Charges Regulations (citation, commencement and interpretation) —
a
in paragraph (2)(a) —
i
after the definition of “pilot scheme” there is inserted —
“registered midwife” means a midwife who is registered as a midwife with the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001;
, and
ii
for the definition of “relevant Health Authority”, there is substituted —
“relevant Primary Care Trust” means the Primary Care Trust with whom the arrangements for providing the dental services in question are made;
; and
b
in paragraph (2)(b), for “health authority” there is substituted “Primary Care Trust”.
Amendment of regulation 4 of the Dental Charges Regulations
8
In regulation 4 of the Dental Charges Regulations (calculation of charges), in paragraph (4), for “health authority” in both places where it occurs, there is substituted “Primary Care Trust”.
Amendment of regulation 6 of the Dental Charges Regulations
9
In regulation 6 of the Dental Charges Regulations (making and recovery of charges) —
a
in paragraph (1) for “health authority” there is substituted “Primary Care Trust”;
b
in paragraph (2)(d), for “Health Authority” there is substituted “Primary Care Trust”; and
c
in paragraph (3), for “relevant Health Authority” there is substituted “Board”.
New regulation 7A inserted into Dental Charges Regulations
10
In the Dental Charges Regulations, after regulation 7 (remission and repayment), there is inserted —
7A
Repayments
1
This regulation applies to any person who:
a
pays any charge for dental appliances and dental treatment payable pursuant to section 78(1A) or 79 of the Act or to section 20(1) of the Primary Care Act; and
b
would, but for regulation 5, be exempt from the charge, under paragraph 2(4) or 3(4) of Schedule 12 to the Act, or section 20(6) of the Primary Care Act.
2
Subject to the following provisions of this regulation, any person to whom this regulation applies is entitled to have such a charge repaid.
3
Subject to paragraph (4), it is a condition of the entitlement to a repayment under this regulation that the person makes a claim to the Secretary of State for the repayment —
a
within —
i
three months after payment of the charge; or
ii
such further period as the Secretary of State may for good cause allow; and
b
in a manner approved by or on behalf of the Secretary of State for that purpose; and
c
supported by such evidence as the Secretary of State may reasonably require.
4
Subject to paragraph (5), where the person is unable for the time being to act, another person may make a claim on that person’s behalf.
5
The Secretary of State may refuse to accept a claim made by one person on behalf of another where, in the Secretary of State’s opinion —
a
the person on whose behalf the claim is made is able to act; or
b
the person making the claim is not a suitable person to act on behalf of that other person.
6
If satisfied that a person is entitled to repayment under this regulation, the Secretary of State shall cause a repayment to be made to that person in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
7
The Board is authorised to carry out any activity of the Secretary of State under the preceding paragraphs of this regulation relating to the repayment of charges.
.
Amendment of regulation 9 of the Dental Charges Regulations
11
In regulation 9 of the Dental Charges Regulations (charges for replacement — general dental services), in paragraph (3), for “Health Authority” there is substituted “Primary Care Trust or the Board”.
Amendment of regulation 10 of the Dental Charges Regulations
12
In regulation 10 of the Dental Charges Regulations (discontinuation of treatment — general dental services), for “Health Authority” there is substituted “Primary Care Trust”.
Amendment of regulation 11 of the Dental Charges Regulations
13
In regulation 11 of the Dental Charges Regulations (reduction of remuneration and accounting for charges — general dental services), in paragraph (3), for “Health Authority” there is substituted “Primary Care Trust or NHS Trust”.
Amendment of regulation 11A of the Dental Charges Regulations
14
In regulation 11A of the Dental Charges Regulations (functions of the Dental Practice Board in relation to pilot schemes), in paragraph (c), for “Health Authority” there is substituted “Primary Care Trust”.
Amendment of Schedule 2 to the Dental Charges Regulations
15
In Schedule 2 to the Dental Charges Regulations (exemptions — categories and evidence), in column (2), in paragraph 3, after “registered medical practitioner” there is inserted “or a registered midwife”.
Amendment of Schedule 4 to the Dental Charges Regulations
16
In Schedule 4 to the Dental Charges Regulations (manner of determining charge for replacement), for “Health Authority”, wherever those words occur, there is substituted “Primary Care Trust”.
Signed by Authority of the Secretary of State
David Lammy
Parliamentary Under-Secretary of State,
Department of Health
11th September 2002


text:
Citation and commencement
1
This Order may be cited as the Police Authorities (Best Value) Performance Indicators Order 2002 and shall come into force on 1st April 2002.
General corporate health performance indicators
2
The performance of each police authority in England and Wales, in exercising their functions, can be measured by reference to the indicators in Schedule 1 to this Order.
Performance indicators for community safety
3
The performance of each police authority in England and Wales, in exercising their functions, can be measured by reference to the indicators in Schedule 2 to this Order.
John Denham
Minister of State
Home Office
13th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2002 and shall come into force on 16th January 2003.
2
These Regulations apply only in relation to schools in England.
Amendment
2
The Education (Information About Individual Pupils) (England) Regulations 2001 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (Interpretation), after the definition of “the 1996 Act” there shall be inserted the following —
“child looked after by a local authority” has the meaning assigned to it by section 22(1) of the Children Act 1989;
.
4
In regulation 4 and in the heading to that regulation, for the words “a city academy” and “city academies”, there shall be substituted “an Academy” and “Academies” respectively.
5
For the Schedule, there shall be substituted the Schedule set out in the Schedule to these Regulations.
David Miliband
Minister of State,
Department for Education and Skills
10th December 2002


text:
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil (Registered Dealers in Controlled Oil) Regulations 2002 and come into force on 1st January 2003.
Interpretation
2
In these Regulations —
“the Oil Act ” means the Hydrocarbon Oil Duties Act 1979;
“prescribe” means prescribe in a notice published by the Commissioners and not withdrawn by another notice;
“registered dealer in controlled oil” has the meaning given in regulation 4 below.
Unregulated controlled oil
3
1
Section 23A(1) and (4) of the Oil Act (regulation of traders in controlled oil) does not apply to controlled oil that is contained in a small pre-packaged container.
2
In this regulation, “small pre-packaged container” means a closed container that contains not more than 20 litres of controlled oil.
Registered dealers in controlled oil
4
1
For the purposes of section 100G of the Management Act, the Commissioners may approve any person who intends to buy, sell, or deal in controlled oil and register him as a registered excise dealer and shipper in accordance with section 100G(2) of that Act.
2
A person who has been so approved and registered shall be known as a registered dealer in controlled oil.
Conditions of approval and registration
5
1
A registered dealer in controlled oil must give notice to the Commissioners of any change, or prospective change, in the information that he was required to furnish in his application for registration.
2
A notice given under paragraph (1) above must be given —
a
without delay, but in any event within 30 days of the change, and
b
in such form and manner as the Commissioners may require.
3
The approval and registration of registered dealers in controlled oil shall, in addition to any conditions or restrictions imposed on them by the Commissioners under section 100G(4) of the Management Act, be subject to such conditions as the Commissioners may prescribe.
Cessation of trade
6
1
A registered dealer in controlled oil who intends to cease the buying, selling, or dealing in controlled oil must notify the Commissioners without delay.
2
A registered dealer in controlled oil who intends to cease the buying, selling, or dealing in controlled oil or who has ceased to be a registered dealer in controlled oil must dispose of his stock of controlled oil in such manner as the Commissioners allow.
3
Section 23A(1) and (4) of the Oil Act (regulation of traders in controlled oil) does not apply to controlled oil in the possession of a person who has ceased to be a registered dealer in controlled oil if that oil is, within 30 days of that cessation, disposed of in such manner as the Commissioners allow in accordance with paragraph (2) above.
4
Without prejudice to paragraph (1) above, a registered dealer in controlled oil who has ceased to buy, sell, or deal in controlled oil must notify the Commissioners that he has so ceased within 7 days of cessation.
Security
7
The Commissioners may require any registered dealer in controlled oil to give such security for amounts that may become due from him by way of repayment of rebate by such means as they prescribe.
Privileges, conditions and restrictions
8
1
A registered dealer in controlled oil is entitled to carry on a trade or business that consists of or includes the dealing in, buying or selling of controlled oil to which section 23A(1) of the Oil Act applies.
2
When buying, selling, loading, unloading, delivering, moving or holding controlled oil a registered dealer in controlled oil must comply with any conditions or restrictions that the Commissioners may prescribe.
Returns and information
9
1
Registered dealers in controlled oil must make returns concerning their dealing in, buying and selling of controlled oil, at such time, in such form and manner, and containing such particulars as the Commissioners prescribe.
2
When such information as the Commissioners, for this purpose, prescribe comes to his attention, a registered dealer in controlled oil must, without delay, notify them of that information in such form and manner as they prescribe.
Guidance
10
For the purpose of determining whether a registered dealer in controlled oil has —
a
contravened any provision of these Regulations, or
b
failed to comply with any condition, restriction, or requirement prescribed by the Commissioners under these Regulations,
the extent to which he has followed any current guidance issued by the Commissioners must be taken into account.
T D Byrne
Commissioner of Customs and Excise
New King’s Beam House 22,
Upper Ground LONDON SE1 9PJ
11th December 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 14) Order 2002.
2
In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Appointed day
2
19th March 2002 is the day appointed for the coming into force of —
a
paragraph 14 of Schedule 2 (occupational pension schemes: certificates etc. relating to minimum funding requirement), and section 18 so far as relating to it;
b
Part I of Schedule 13 in respect of the repeal in section 58(6)(a) of the Pensions Act 1995 (schedules of contributions), and section 88 so far as relating to it.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2002