text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Immigration Services Tribunal (Amendment) Rules 2002 and shall come into force on 1st August 2002.
2
In these Rules a rule cited by number alone means the rule so numbered in the Immigration Services Tribunal Rules 2000 .
Amendments to the Immigration Services Tribunal Rules 2000
2
In rule 20(5), after “excluded” there shall be inserted “and the Tribunal’s deliberations, but may not participate in that hearing or those deliberations”.
3
1
Rule 21 shall be re-numbered as rule 21(1).
2
In rule 21(1) as so re-renumbered, the words “At the hearing of an appeal or charge” shall be omitted.
3
After rule 21(1) there shall be inserted: —
2
The right conferred by paragraph (1) extends to every hearing before the Tribunal in connection with an appeal or charge, including in particular —
a
the hearing of the appeal or charge;
b
a preliminary hearing; and
c
a hearing to consider whether —
i
to give a person permission to appeal out of time;
ii
to make, cancel or vary a direction under paragraph 8 of Schedule 7 (suspending the effect of a relevant decision);
iii
to make a direction under paragraph 9(3) of Schedule 5 (restricting or prohibiting the provision of immigration advice or immigration services while the Tribunal deals with a charge);
iv
to make any other procedural direction; or
v
to give effect to a draft order settling proceedings by consent;
but this rule is without prejudice to any right of the Tribunal to make a decision on any of the matters listed in sub-paragraph (c) without a hearing.
.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
3rd July 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations, “the principal Regulations ” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 .
3
These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (membership of Primary Care Trusts) shall be amended as follows.
2
In paragraph (1) —
a
At the beginning there shall be inserted “Subject to paragraphs (12) to (14),”;
b
for “8” there shall be substituted “10”.
3
In paragraph (2), after “7” there shall be inserted “, or, where paragraph (12) applies, 8”.
4
In paragraph (4)(a) for “and Director of Finance” there shall be substituted “, Director of Finance and Director of Public Health”.
5
In paragraph (7) for “and the Director of Finance” there shall be substituted “, the Director of Finance and the Director of Public Health”.
6
After paragraph (11) the following paragraphs shall be added:
12
Subject to paragraph (14), a Primary Care Trust may, for the relevant period, have 16 members if —
a
on 31st March 2002 it had 7 officer members who did not include the Director of Public Health; and
b
as a result of the appointment of the Director of Public Health as an officer member under paragraph (4)(a) —
i
the number of officer members increased to 8; and
ii
the number of non-officer members also increased to 8 in accordance with paragraph (2).
13
For the purposes of paragraph (12), “the relevant period” means the period from 1st April 2002 until the earlier of —
a
such time as an officer member appointed under paragraph (4)(c) or (7) ceases to be a member; or
b
31st March 2004.
14
If, before 31st March 2004, an officer member appointed under paragraph (4)(c) or (7) ceases to be a member, the Primary Care Trust may have no more than 7 officer members and the number of non-officer members may only exceed that number until the earlier of —
a
such time as a non-officer member, other than one mentioned in paragraph (3A), ceases to be a member; or
b
31st March 2004.
.
Amendment of regulation 3 of the principal Regulations
3
After paragraph (5) of regulation 3 of the principal Regulations (termination of tenure of office and suspension of officer members), the following paragraph shall be inserted —
5A
Subject to paragraph (9), if the chairman and non-officer members are of the opinion that it is appropriate to do so in order to ensure compliance with regulation 2 above, they may, following such period of notice as appears to them to be reasonable, terminate the tenure of office of a person who is an officer member appointed under regulation 2(4)(c) or (7).
.
Amendment of regulation 4 of the principal Regulations
4
1
Regulation 4 of the principal Regulations (termination of tenure of office: chairman and non-officer members), shall be amended as follows.
2
After paragraph (4), the following paragraphs shall be inserted —
4A
If the Secretary of State is of the opinion that it is appropriate to do so in connection with the designation of a trust as a Care Trust, he may, following such period of notice as appears to him to be reasonable, terminate the tenure of office of the chairman or a non-officer member of the trust.
4B
Subject to paragraph (10), if the Secretary of State is of the opinion that it is appropriate to do so in order to ensure compliance with regulation 2 above, he may, following such period of notice as appears to him to be reasonable, terminate the tenure of office of a non-officer member of the trust.
.
3
In paragraph (10), after “(4),” there shall be inserted “(4B),”.
Amendment of regulation 5 of the principal Regulations
5
Paragraph (1)(g)(iii) of regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be omitted.
Amendment of regulation 1 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001
6
In regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001 (citation, commencement, interpretation and extent) for “2001” there shall be substituted “2000”.
Amendment of regulation 1 of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 3) (England) Regulations 2002
7
In regulation 1(1) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 3) (England) Regulations 2002 (citation, commencement and extent) “(No. 3)” shall be omitted.
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 extent
1
1
These Regulations may be cited as the Service Subsidy Agreements (Tendering) (England) Regulations 2002 and shall come into force on 2nd of September 2002.
2
These Regulations extend to England only .
Interpretation
2
In these Regulations —
“ the Act ” means the Transport Act 1985;
“authority” means an authority responsible for expenditure on public passenger transport services;
“service subsidy agreement” means an agreement which provides for the payment of service subsidies for the provision of a local service.
Exclusions from section 89(1) of the Act
3
1
Subject to paragraphs (2), (3) and (4) below, there are excluded from section 89(1) of the Act the following service subsidy agreements —
a
any agreement which will remain in force for 12 months or more and under which the aggregate amount of the service subsidies payable in any period of 12 months is less than £25,000; and
b
any agreement which will remain in force for less than 12 months and under which the aggregate amount of the service subsidies payable under the agreement is less than £25,000.
2
This regulation shall not exclude from section 89(1) of the Act any agreement whose effect is —
a
to provide for the person operating the service to receive in any period of 12 months from any one authority under service subsidy agreements entered into otherwise than by accepting tenders invited pursuant to section 89 of the Act an aggregate amount of service subsidies exceeding £150,000;
b
to modify an agreement which is within the scope of paragraph (1) above so that —
i
in the case of a modified agreement which will remain in force for 12 months or more after the date on which the modification takes effect, the aggregate amount of the service subsidies payable in any period of 12 months is increased to £25,000 or more, or
ii
in the case of a modified agreement which will remain in force for less than 12 months after the date on which the modification takes effect, in the period during which the modified agreement remains in force the aggregate amount of the service subsidies payable is increased to £25,000 or more.
3
For the purposes of paragraphs (1) and (2) above, the aggregate amount of service subsidies payable in any period under a service subsidy agreement shall —
a
include any specific amount whose payment is dependent on a contingency; and
b
exclude any amount payable in any period of 12 months after the first such period during which the agreement is in force and which becomes payable —
i
as a direct consequence of an increase in an index published by the Government of movements in prices or costs; or
ii
pursuant to any provision of the agreement whereby an increase in the amount of service subsidies payable is not to exceed a figure calculated by reference to such an index.
4
This regulation shall not exclude from section 89(1) of the Act any service subsidy agreement providing for an increase in the amount of service subsidies payable to be agreed between the parties or to be calculated by any method other than those mentioned in paragraph (3)(b) of this regulation.
Information with respect to tenders
4
1
In any case where an authority enters into a service subsidy agreement by accepting a tender invited in accordance with section 89 of the Act, that authority shall publish in the manner prescribed by these Regulations the information as specified in Part I of Schedule 1 hereto.
2
In any case where an authority accept none of the tenders invited in accordance with that section, that authority shall publish in the manner prescribed by these Regulations the information as specified in Part II of Schedule 1 hereto.
Manner of publication of information and reasons
5
1
In this regulation, the information which is required to be published pursuant to regulation 4 of these Regulations and the reasons or statements which are required to be published by section 90(3) or section 91(7) of the Act are referred to as “material”.
2
An authority which is required to publish any material shall do so by —
a
making the material available to the general public at times and in places and in a form all of which are convenient to that public; and
b
inserting or causing to be inserted a notice of the availability of the material at those times and places in a local newspaper or newspapers circulating in each locality in which the service or services in question will be provided.
Revocation
6
The Regulations set out in Schedule 2 hereto are hereby revoked so far as they apply to England.
Signed by the authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 and shall come into force on 12th August 2002.
Interpretation
2
In these Regulations —
“the 1988 Regulations ” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 ;
“agricultural or forestry tractor” means any motor vehicle, fitted with wheels on at least two axles or with caterpillar tracks, where the main function of the vehicle lies in its tractive power and it is specifically designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use;
“calendar year” means a period of 12 months expiring on 31st December;
“category” means, in relation to an engine, the category specified in column (1) of Table 1 in Schedule 1 to which the engine belongs by virtue of its engine power output and relevant date;
“ Council Directive 97/68/EC ” means Directive 97/68/ EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery ;
“ Council Directive 2000/25/EC ” means Directive 2000/25/EC of the European Parliament and the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors ;
“EC type approval certificate” means a type approval certificate issued by the Minister under regulation 5 of the 1988 Regulations;
“end of series engine” means a tractor engine, whether or not installed in a tractor, which —
has not been entered into service for the first time;
is stored within the territory of any member State; and
either —
was manufactured to conform with an EC type approval certificate granted on the basis of compliance with EC type approval requirements which did not include the requirements which are currently in force in accordance with Council Directive 2000/25/EC, or
was not manufactured to comply with any EC type approval certificate;
“enforcement authority” means —
in Great Britain, the Secretary of State, and in carrying out that duty he may act through the Vehicle Certification Agency, an Executive Agency of the Department for Transport, Local Government and the Regions, and
in Northern Ireland, the Secretary of State or any District Council;
“engine power output” means net power as defined in section 2.4 of Annex I of Council Directive 97/68/EC;
“exempted engine” means an end of series engine designated in accordance with regulation 5;
“limit values” means, in relation to a category of engine, the permitted amounts of carbon monoxide, hydrocarbons, oxides of nitrogen and particulates specified for that category of engine in Table 2 in Schedule 1 determined in accordance with the provisions of Annex III of Council Directive 97/68/EC;
“production date” means, in relation to a relevant engine, its date of manufacture;
“relevant date” means, in relation to a relevant engine, the date specified for the relevant category of engine in column (3) of Table 1 in Schedule 1;
“relevant engine” means a tractor engine to which these Regulations apply by virtue of regulation 3;
“replacement engine” means an engine of a kind referred to in regulation 3(ii);
“tractor engine” means any internal combustion engine operating on the compression ignition principle which is intended to power an agricultural or forestry tractor.
Application of Regulations
3
These Regulations apply to every tractor engine (whether or not for the time being installed in a tractor) which falls within a category specified in column (1) of Table 1 in Schedule 1 and which is not —
i
an engine which is installed or intended to be installed in an agricultural or forestry tractor for export to a state which is not a member State;
ii
an engine which was manufactured to replace an existing engine in any agricultural or forestry tractor that has been entered into service; or
iii
an exempted engine.
Prohibition on entering engines into service
4
No person shall enter into service for the first time on or after the relevant date any relevant engine unless the engine complies with the limit values for the category to which it belongs.
Designation of exempted engines
5
1
Subject to the following paragraphs, the Secretary of State may, on the application of the manufacturer of an end of series engine, designate that engine as an exempted engine.
2
The manufacturer shall before the relevant date submit an application to the Secretary of State which specifies —
a
the engines to which the application relates,
b
any relevant technical or economic issues, and
c
the total number of tractor engines placed on the market by that manufacturer during the period of 12 months expiring on the previous calendar year.
3
The Secretary of State shall not designate an engine for the purposes of this regulation if —
b
a period of 12 months has elapsed since the relevant date for that engine; or
c
the number of engines so designated by him during the current calendar year exceeds, or would exceed, 10 per cent. of the number of tractor engines placed on the market by the manufacturer making the application during the immediately preceding calendar year.
4
The Secretary of State shall, within one month of designating an engine for the purposes of the regulation, send to the competent authorities of the other member States particulars of, and reasons for, the exemption granted to the manufacturer.
5
The Secretary of State shall at the end of each calendar year, send to the European Commission a list of designations made under this regulation during the year, specifying the technical or economic reasons on which each designation is based.
Enforcement and offences
6
1
Subject to paragraph (4), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Proceedings for an offence under these Regulations shall be instituted —
a
in England and Wales, by an enforcement authority;
b
in Northern Ireland, by or on behalf of the enforcement authority or the Director of Public Prosecutions for Northern Ireland.
3
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings in Scotland for an offence.
4
Schedule 2 shall have effect with regard to offences, enforcement and other matters.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
17th July 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 4) and Transitional Provisions Order 2002.
2
In this Order “ the Act ” means the Learning and Skills Act 2000.
Provisions coming into force
2
1
Section 7 of the Act shall come into force on 1st March 2002.
2
The following provisions of the Act shall come into force on 1st April 2002 —
a
section 103(2) and (3) insofar as it relates to England and to the extent that it is not already in force;
b
section 140(1) and (2) insofar as it relates to England.
3
The following provisions of the Act shall come into force on 1st August 2002 —
a
section 97 insofar as it relates to England;
b
section 110(2), (4) and (5) insofar as it relates to England and to the extent that it is not already in force.
Transitional Provisions
3
1
Despite the provisions of article 2(2) above, the duty contained in section 140(2) of the Act shall not apply in relation to any person if a Connexions partnership has not been established for the area of the local education authority in which the person undertakes his last year of compulsory schooling.
2
For the purposes of paragraph (1) —
a
a “Connexions partnership” means a body known by that name whose functions include the provision of services such as are described in section 114 of the Act pursuant to arrangements made by the Secretary of State; and
b
a Connexions partnership is “established” on the first occasion on which financial assistance is given to the body pursuant to section 114(3) of the Act.
Margaret Hodge
Minister of State,
Department for Education and Skills
8th February 2002


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 2) Order 2002 and shall come into force on 30th September 2002.
Designation as a public body
2
Kirklees Active Leisure being a person appearing to the Secretary of State, to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England .
Restrictions on agreements — Kirklees Active Leisure
3
Agreements which may be entered into by Kirklees Active Leisure by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials or the provision of administrative, professional or technical services, to it by Kirklees Metropolitan Borough Council; and
b
that any such agreements are entered into during a period in respect of which it receives a grant from Kirklees Metropolitan Borough Council; and
c
that any such agreements are made in connection with the provision of recreational facilities in the area of Kirklees Metropolitan Borough Council.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
2nd September 2002


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 11) Order 2002.
2
In this Order, “the Act” means the Care Standards Act 2000.
3
This Order extends to England and Wales.
Appointed days
2
1
In this article, unless the context otherwise requires, any reference to a section is a reference to a section of the Act.
2
18th March 2002 is the day appointed for the coming into force of —
a
section 102;
b
the following provisions of section 104 —
i
subsection (1), in so far as it relates to subsections (2)(a), (3)(a)(ii) and (3)(b) brought into force under this sub-paragraph and to subsection (2)(b) in so far as that subsection is brought into force under this sub-paragraph;
ii
subsection (2)(a);
iii
subsection (2)(b), except in so far as it inserts paragraphs (a) and (b) of subsection (3E) in section 113 of the Police Act 1997 ;
iv
subsection (3)(a)(ii);
v
subsection (3)(b).
3
1st April 2002 is the day appointed for the coming into force of the following provisions of section 104 —
a
subsection (1), in so far as it relates to subsections (2)(b) and (3)(a)(i) in so far as those subsections are brought into force under this paragraph;
b
subsection (2)(b), except in so far as —
i
it is already in force; and
ii
it inserts paragraph (b) of subsection (3E) in section 113 of the Police Act 1997;
c
subsection (3)(a)(i), in so far as it inserts paragraph (ea) in subsection (5) of section 115 of the Police Act 1997.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
15th March 2002
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
Carwyn Jones
Presiding Officer, National Assembly for Wales
15th March 2002


text:
Citation, commencement and territorial application
1
1
These Regulations may be cited as the Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002.
2
Regulation 11 shall come into force on 19th December 2002 and all other provisions shall come into force on 18th October 2002.
3
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“ the Agency ” means the Environment Agency;
“ Defra ” means the Department for Environment, Food and Rural Affairs;
“the Defra library” means the Defra library at Nobel House, 17 Smith Square, London SW1P 3JR;
“the deposited maps” means the digital maps which —
are recorded on the two CD-ROMs entitled “Additional Nitrate Vulnerable Zones (England) (September 2002)” and deposited in the Defra library; and
show the additional nitrate vulnerable zones designated by regulation 3(1);
“the Nitrates Directive ” means Council Directive 91/676/ EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;
“nitrate vulnerable zone” means an area of land designated in accordance with article 3 of the Nitrates Directive as a vulnerable zone for the purposes of that Directive;
“the Principal Regulations ” means the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 ; and
“the reviewer” means the person appointed to undertake reviews under regulation 4.
2
Expressions used in these Regulations which are also used in the Nitrates Directive shall have the same meaning as in that Directive.
Nitrate vulnerable zones: additional designations
3
1
The areas of land shown as additional nitrate vulnerable zones on the deposited maps are designated as nitrate vulnerable zones.
2
The Secretary of State shall ensure that —
a
the deposited maps are made accessible to the public —
i
through the Defra website; and
ii
at the Defra library;
b
any person who wishes to know whether his land is included in a nitrate vulnerable zone designated by paragraph (1) is provided with the relevant information (including a hard copy of the relevant extract from the deposited maps) if a request in writing is made to the Secretary of State and received by her before 19th December 2002; and
c
such other steps are taken as the Secretary of State considers appropriate for giving adequate publicity to —
i
nitrate vulnerable zones designated by paragraph (1); and
ii
the rights conferred by regulations 4 and 5 and how they may be exercised.
Review procedure
4
1
The Secretary of State shall appoint a person to undertake reviews under this regulation.
2
The purpose of a review under this regulation is to correct any factual error which may have been made in applying the methodology used by the Secretary of State for identifying the nitrate vulnerable zones designated by regulation 3(1).
3
The Secretary of State shall ensure that the reviewer is provided with any explanation or information about the methodology or its use which the reviewer needs to carry out a review under this regulation.
4
Any person whose land is included in a nitrate vulnerable zone designated by regulation 3(1) may by notice in writing object to the designation and require a review under this regulation if he believes that his land may have been wrongly included in such a zone as a result of an error of the kind mentioned in paragraph (2).
5
The notice requiring a review must be delivered to the reviewer before 19th December 2002.
6
The objector must provide the reviewer with such information as the reviewer reasonably requires from him to conduct the review.
7
If the objector fails to provide information which he is required to provide under paragraph (6), the reviewer shall not be required to proceed with the review until the information is provided and in the event of a continuing failure may, after warning the objector, end the review without making a decision under paragraph (8).
8
Subject to paragraphs (7) and (9), the reviewer shall, after considering the objection, consulting such persons and making such additional inquiries as the reviewer thinks fit —
a
decide —
i
whether or not the designation needs to be altered to correct any factual error there may have been in applying the Secretary of State’s methodology in relation to the relevant land; and
ii
if so, what alterations should be made; and
b
send his decision to the Secretary of State, the objector and the Agency.
9
Where the reviewer proposes to make a decision which does not fully accept the objection made, the reviewer shall —
a
send a copy of the proposed decision to the objector and to the Agency, together with —
i
a statement of the reasons for the proposed decision, including any finding of fact; and
ii
in the case of the objector, a full explanation of the objector’s right of appeal under regulation 5;
b
if the objector appeals in accordance with regulation 5(2) to (4), wait before making any decision on the objection until the appeal is finally determined or withdrawn;
c
in any other case, wait before making any decision on the objection until —
i
the objector indicates that he does not intend to appeal; or
ii
the period for appealing runs out without an appeal being started in accordance with regulation 5(2) to (4).
Right of appeal from an adverse proposed decision on a review
5
1
The Secretary of State shall appoint —
a
members of an appeals panel to determine appeals under this regulation; and
b
a chairman of that appeals panel.
2
An objector who is dissatisfied with a proposed decision on a review under regulation 4 may by notice in writing appeal against it.
3
The notice of appeal must be delivered to the reviewer before the expiry of —
a
the period of 28 days beginning on the date on which the reviewer sent a copy of the proposed decision to the appellant in accordance with regulation 4(9)(a); or
b
if the chairman of the appeals panel has extended that period because he is satisfied that there are special reasons for doing so, the extended period.
4
The notice of appeal must —
a
explain why the appellant considers that the proposed decision is wrong;
b
state the facts on which the appellant relies in support of his appeal; and
c
give the appellant’s name and contact details, including an address and any phone number, fax number and e-mail address.
5
The reviewer shall as soon as reasonably practicable forward the notice of appeal to the chairman of the appeals panel together with —
a
a copy of the notice requiring the review;
b
details of any information obtained under regulation 4(6);
c
a copy of the reviewer’s proposed decision and —
i
a statement of the reviewer’s reasons; and
ii
any finding of fact; and
d
a statement of the reviewer’s observations on the appeal (a copy of which shall be sent by the reviewer to the appellant).
6
Where —
a
an appeal is duly made in accordance with paragraphs (2) to (4); and
b
details of the appeal are forwarded in accordance with paragraph (5),
the chairman of the appeals panel shall select the individual panel member who is to determine the appeal and shall inform the appellant and the reviewer (“the parties”).
7
The relevant panel member shall ensure that the appeal is conducted fairly and he may (whether as a response to an application made to him or otherwise) give procedural directions to the parties (including directions to combine separate but related appeals so that they are dealt with together) and the parties shall comply with any directions given to them.
8
If —
a
either of the parties expresses a wish to appear before and be heard by the relevant panel member; or
b
the relevant panel member considers that there should be a hearing,
the relevant panel member shall afford both parties an opportunity of appearing before and being heard by him.
9
Unless the parties otherwise agree, any hearing under paragraph (8) shall be in public.
10
The relevant panel member shall, after considering any representations duly made by the parties (whether at a hearing or otherwise) —
a
determine the appeal;
b
inform the parties in writing of his determination; and
c
provide them with a written statement of his reasons for the determination, including any finding of fact.
11
The reviewer shall ensure that his decision on the review is consistent with the determination of the relevant panel member on the appeal.
Right to withdraw an appeal
6
Without prejudice to the relevant panel member’s power under regulation 7, an appeal may be withdrawn by notice in writing sent to the chairman of the appeals panel at any time before it is determined.
Costs of an appeal
7
1
Subject to paragraph (2), the parties to an appeal shall bear their own costs.
2
Where —
a
an appeal is made which is wholly without merit; or
b
the costs of an appeal are increased as a result of the unreasonable behaviour of any party;
the relevant panel member may order the party at fault to pay the whole or any part of any other party’s costs and that sum shall be recoverable as a civil debt.
3
The relevant panel member shall afford the parties an opportunity to make representations to him prior to exercising his power under paragraph (2).
Secretary of State bound by a decision on a review
8
Where the Secretary of State receives a decision made in accordance with regulations 4 and 5, she shall be bound by it.
Application of the Principal Regulations
9
1
Regulations 3(2) (periodic review), 4 (monitoring) and 6(4)(b), (5) and (6) (implementation, periodic review and monitoring of action programmes) of the Principal Regulations shall apply in relation to nitrate vulnerable zones designated by regulation 3(1) of these Regulations.
2
The Principal Regulations shall be amended as follows —
a
in regulation 3 —
i
in paragraph (1) (existing nitrate vulnerable zones) for “and deposited” to the end of that paragraph substitute “and deposited in the library of the Secretary of State for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR.”;
ii
in paragraph (2) (periodic review) for “19th December 1997” substitute “19th December 2005”; and
b
in regulation 7(1) (content of action programmes) for “the parts of the code of good agricultural practice referred to in regulation 5” substitute “paragraphs 284 to 295 of the Water Code Revised 1998 published by the Ministry of Agriculture, Fisheries and Food in 1998 ”.
Grant
10
The Farm Waste Grant (Nitrate Vulnerable Zones) (England) (No. 2) Scheme 2000 shall be amended by substituting for the definition of “nitrate vulnerable zone” in paragraph 2(1) (interpretation) the following definition —
“nitrate vulnerable zone” means any area designated as a nitrate vulnerable zone by —
regulation 3(1) of the Protection of Water Against Agricultural Nitrate Pollution (England and Wales) Regulations 1996; or
regulation 3(1) of the Nitrate Vulnerable Zones (Additional Designations) (England) (No. 2) Regulations 2002.
Action programmes
11
1
The Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 (“the 1998 Regulations ”) shall apply in relation to nitrate vulnerable zones designated by regulation 3(1) of these Regulations.
2
Paragraph 9 (application of manure) of the Schedule to the 1998 Regulations shall have effect in relation to those zones as if in sub-paragraph (2)(b)(i) “19th December 2006” were substituted for “19th December 2002”.
3
The 1998 Regulations shall be amended as follows —
a
in regulation 8(1) (offences) —
i
for “level 5 on the standard scale” substitute “the statutory maximum”;
ii
omit “not exceeding the statutory maximum”; and
b
for paragraph 15 (retention of records) of the Schedule substitute —
15
Any record of an event made for the purposes of paragraph 14 shall be retained for a period of 5 years after that event.
Revocation
12
The Nitrate Vulnerable Zones (Additional Designations) (England) Regulations 2002 , including the amendments and modifications they made, are revoked.
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
15th October 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Bursaries for School Teacher Training) (England) (Revocation) Regulations 2002 and shall come into force on 5 th January 2003.
2
These Regulations shall apply in relation to England.
Revocation and savings
2
1
Subject to paragraph (2) the following Regulations are revoked —
a
the Education (Bursaries for School Teacher Training) (England) Regulations 2002 ;
b
the Education (Bursaries for School Teacher Training) (England) (Amendment) Regulations 2002 ; and
c
the Education (Bursaries for School Teacher Training) (England) (Amendment) ( No. 2) Regulations 2002 .
2
The Regulations mentioned in paragraph (1) shall continue to have effect in relation to bursaries and grants in respect of approved training in which a qualified teacher or classroom assistant began to participate or committed himself to participate before 5th January 2003.
David Miliband
Minister of State
Department for Education and Skills
2nd December 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Street Works (Reinstatement) (Amendment) (England) Regulations 2002 and shall come into force on 1st July 2002.
2
These Regulations extend to England only.
Amendment of Regulations
2
1
The Street Works (Reinstatement) Regulations 1992 are amended as follows.
2
For regulation 2(c), substitute —
c
“the Code” means the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 2002, and approved by the Secretary of State on 29th May 2002 as revised and reissued from time to time;
.
3
For regulation 2(e), substitute —
e
“a road carrying more than 125 million standard axles” means a road so constructed as to be capable of carrying more than 125 million standard axles per annum.
.
4
In regulation 3(3), for the words “30 million standard axles” substitute “125 million standard axles”.
5
In the Table to regulation 4(2) —
a
For the words in column 3 of item 2, substitute —
“Paragraphs S2.6.3 & S2.6.4”; and
For the words in column 3 of item 10, substitute —
“Paragraph S12.4”.
6
In the Table to regulation 4(3), for the words in column 3 of item 2, substitute —
“Paragraphs S2.2.1, S2.3.1, S2.4.1, S2.4.3, S2.6.2.”.
7
In regulation 7, for the words “paragraphs 1.5, 1.6.1 and 1.6.2”, substitute “paragraphs S1.6 and S1.7”.
8
In regulation 8, for the words “paragraphs 1.6.1 and 1.6.2”, substitute “paragraphs S1.7.1 and S1.7.2”.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State
Department for Transport
8th June 2002


text:
Citation and commencement
1
These Regulations may be cited as the Education Action Forum (Proceedings) (Amendment) Regulations 2002 and shall come into force on lst October 2002.
Amendment of the Education Action Forum (Proceedings) Regulations 1998
2
Regulation 6 of the Education Action Forum (Proceedings) Regulations 1998 is omitted and instead is substituted:
6
The quorum for any meeting of the Forum, and any vote on any matter at such a meeting, shall be one third of the membership of the Forum when complete or six people, whichever is the greater.
David Miliband
Minister of State
Department for Education and Skills
5th September 2002


text:
Title, extent and commencement
1
This Order may be cited as the Treatment of Spruce Bark (Amendment) Order 2002, shall apply to England and Wales and shall come into force on 5th March 2002.
Amendment of the Treatment of Spruce Bark Order 1993
2
The Treatment of Spruce Bark Order 1993 shall be amended by substituting for the Schedule to that Order the Schedule to this Order.
3
The Treatment of Spruce Bark (Amendment) Order 1994 is revoked.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 12th February 2002.
Frank Strang
Secretary to the Forestry Commissioners


text:
Citation and commencement
1
1
This Order may be cited as the Port of Ipswich (Transfer of Undertaking) Harbour Revision Order 2002.
2
This Order shall come into force on 30th December 2002.
Interpretation
2
In this Order —
“ A.B. Ports ” means Associated British Ports;
“ IPL ” means Ipswich Port Limited;
“the port of Ipswich” means the docks and harbour at Ipswich regulated by the Ipswich Docks Acts and Orders 1852 to 1986;
“the transfer date” means 1st January 2003; and
“the undertaking” means the undertaking of IPL in relation to the port of Ipswich.
Establishment of A.B. Ports as harbour authority for undertaking
3
On the transfer date A.B. Ports shall be established as the harbour authority for the port of Ipswich in lieu of IPL.
Transfer of functions, property, etc
4
1
On the transfer date all statutory and other powers and duties conferred or imposed on IPL by any provision of the Ipswich Docks Acts and Orders 1852 to 1986 in force immediately before that date shall be transferred from IPL to A.B. Ports.
2
On the transfer date the undertaking as existing immediately before that date, including the lands, works, building, machinery stores and other real and personal property, assets and effects, rights, powers and privileges vested in or enjoyed by IPL, and all liabilities and obligations to which IPL are then subject in relation to the undertaking, shall be transferred to and vest in A.B. Ports.
3
On and after the transfer date any statutory provision of local application or document whatsoever shall have effect in its application to the transferred undertaking as if any reference however worded and whether express or implied —
a
to IPL, were construed as a reference to A.B. Ports; and
b
to any officer or servant of IPL, were construed as a reference to an officer or servant of A.B. Ports.
Byelaws etc.
5
On and after the transfer date any byelaw, regulation, licence or consent made, issued or granted by IPL in relation to the undertaking and in force immediately before that date shall, notwithstanding the making of this Order, continue in force and have effect as if made, issued or granted by A.B. Ports.
Contracts to binding
6
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by IPL and in force immediately before the transfer date shall, on and after that date, be as binding and of as full force and effect in every respect against or in favour of A.B. Ports as they have heretofore been against or in favour of IPL and may be enforced as fully and effectively as if instead of IPL A.B. Ports had been a party thereto.
Proceedings not to abate
7
All legal and other proceedings begun before the transfer date and relating to any property, rights or liabilities transferred to A.B. Ports under this Order may be carried on by or in relation to A.B. Ports.
Modification of A.B. Ports legislation
8
On and from the transfer date —
a
section 57 of the British Transport Commission Act 1949 and section 26 of the British Transport Commission Act 1961 shall apply to any port premises as defined in section 3 of the Ipswich Dock Act 1971 as they apply to harbour premises referred to in those provisions;
b
if and to the extent that it would not otherwise so apply, section 54 of the British Transport Docks Act 1964 shall apply to any byelaws made by A.B. Ports under section 78 of the Ipswich Dock Act 1971 as it applies to bye-laws made by A.B. Ports in relation to any other harbour;
c
section 51 of the British Transport Docks Act 1964 shall not apply in relation to the port of Ipswich; and
d
section 9(1) of the Transport Act 1981 shall not apply to the port of Ipswich and in their application to the port of Ipswich sections 8 and 9 of and Schedule 3 to the Transport Act 1981 shall have effect subject to sections 34 and 35 of the Ipswich Dock Act 1971.
Consequential Repeals
9
On the transfer date section 23 of the Ipswich Dock Act 1950 and sections 80 and 81 of the Ipswich Dock Act 1971 shall be repealed.
Signed by authority of the Secretary of State for Transport
Stephen Reeves
Head of Ports Division,
Department for Transport
23rd December 2002


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 2) Order 2002.
2
In this Order —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“the 1995 Act ” means the Health Authorities Act 1995 .
Extent
2
1
Article 3(1) extends to England and Wales.
2
Articles 3(2) and (3) and 4 extend to England only.
3
Article 5 extends to the whole of the United Kingdom.
Appointed day for provisions relating to the National Health Service
3
1
Subject to paragraph (3), 1st October 2002 is the day appointed for the coming into force of —
a
sections 1 and 2 (in so far as those sections have not already been brought into force), 4, 5, 7 and 8 of the Act;
b
section 3(3) (in so far as that subsection has not already been brought into force) and (4) of the Act and, in so far as it relates to those two subsections, subsection (1) of that section;
c
Schedules 1 (in so far as that Schedule has not already been brought into force) and 3 to the Act;
d
Schedule 2 to the Act, in so far as it has not already been brought into force, except for paragraphs 16(6) and 17(4) and (5) and paragraph 1 in so far as it relates to those paragraphs;
e
the following paragraphs of Schedule 8 to the Act and section 37(1) of the Act in so far as it relates to those paragraphs —
i
paragraphs 4 to 7 and 12 and, in so far as it relates to those paragraphs, paragraph 1, and
ii
paragraphs 18, 20, 21, 22 (except in so far as it relates to the omission of paragraph 53 of Schedule 1 to the 1995 Act), 23 to 27, 29 and 31 to 37 and, in so far as it relates to paragraphs 29 and 31, paragraph 28; and
f
in Schedule 9 to the Act, the repeals in Parts 1 and 3 relating to the —
i
1977 Act, sections 17B,18, 29B, 33, 97, 97D and 103,
ii
National Health Service and Community Care Act 1990 ,
iii
Health Service Commissioners Act 1993 ,
iv
1995 Act, except paragraph 53 of Schedule 1,
v
Government of Wales Act 1998 ,
vi
1999 Act , section 6 and Schedule 4, and
vii
Health and Social Care Act 2001 .
2
Subject to paragraph (3), 1st October 2002 is the day appointed for the coming into force of —
a
section 10 (3), (5) to (8) and (10)(a)(ii), (b) and (c)(i) and (ii) of the Act and, in so far is it relates to those provisions, subsection (1) of that section;
b
the following paragraphs of Schedule 8 to the Act and section 37(1) of the Act in so far as it relates to those paragraphs —
i
paragraphs 3, 8 and 9 and, in so far as it relates to those paragraphs, paragraph 1, and
ii
paragraph 22 (in so far as it relates to the omission of paragraph 53 of Schedule 1 to the 1995 Act) and, in so far as it relates to that omission, paragraph 20; and
c
in Schedule 9 to the Act, the repeals in Parts 1 and 3 relating to the —
i
1977 Act, section 44 and Schedule 12A, and
ii
1995 Act, Schedule 1, paragraph 53.
3
Sections 7 and 8 of the Act and the provisions referred to in paragraph (2)(a) shall have effect in relation to the period beginning with 1st October 2002 and ending with 31st March 2003 as if that period were a financial year and in relation to the financial year ending with 31st March 2004 and subsequent financial years.
Transitional provision
4
Sections 97 and 97C of, and Schedule 12A to, the 1977 Act , in so far as they apply to a Primary Care Trust or to a Health Authority, shall have effect in relation to the period beginning with 1st April 2002 and ending with 30th September 2002 as if that period were a financial year.
Appointed day for provisions relating to health care and associated professions
5
1st October 2002 is the day appointed for the coming into force of section 35 of the Act.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
27th September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Carer’s Allowance) Regulations 2002 and shall come into force —
a
except for the purposes of regulation 3, on 28th October 2002; and
b
for the purposes of regulation 3, on 1st April 2003.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
1
The following provisions of the Social Security (Invalid Care Allowance) Regulations 1976 are hereby revoked —
a
regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance immediately before attaining that age); and
b
regulation 11 (invalid care allowance for persons over the age of 65).
2
In regulation 10A(c) of those Regulations (women aged 65 before 28th October 1994) the words “and (5)” shall be omitted.
Amendments consequential upon change of name of benefit
3
Schedule 2 to these Regulations (which substitutes references to carer’s allowance and makes related provision for references to invalid care allowance) shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
27th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Darlington Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 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 Darlington 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 25th January 2002 a Primary Care Trust to be called the Darlington 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 County Durham and Darlington 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 South Durham Health Care 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
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Compensation for Premature Retirement) Regulations 2002 and shall come into force on 31st May 2002.
Interpretation
2
1
In these Regulations —
“additional period of service” means a period of service calculated in accordance with regulations 5 and 6;
“early retirement regulations” means any regulations made under section 34A of the National Health Service (Scotland) Act 1972 , section 260 of the Local Government Act 1972 , article 19 of, and Schedule 3 to, the Superannuation (Northern Ireland) Order 1972 or article 3 of the Superannuation (Northern Ireland) Order 1973 ;
“employing authority” means —
a Health Authority established under section 8 of the National Health Service Act 1977 or a Special Health Authority established under section 11 of that Act ;
a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 ;
the Dental Practice Board constituted under section 37(1) of the National Health Service Act 1977 ;
a Primary Care Trust established under section 16A of the National Health Service Act 1977 ;
a university or a higher education college, but only in relation to the employment —
in a university’s medical school of those people whose names appear in the Schedule to the Medical School Employment (Superannuation) Direction 1999 ; or
of those people whose names appear in the Schedule to the University of London (Postgraduate Deanery Staff) (Superannuation) Direction 1999, the Postgraduate Education in General Practice (Superannuation) Direction 1999; or the University (Postgraduate Deanery Staff) (Superannuation) Direction 1999 ;
the Secretary of State for Health, but only in relation to the employment of those people whose names appear in the Schedule to the NHS Executive (Postgraduate Deanery Staff) (Superannuation) Direction 1999 ; and
such other body that is constituted under an Act relating to health services and which the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
“entitled officer” means a person to whom these Regulations apply in accordance with regulation 3;
“higher education college” means an institution which has been designated a higher education corporation within the meaning given by section 90(1) of the Further and Higher Education Act 1992 ;
“local authority” has the same meaning as in the Local Government Act 1972;
“local government compensation regulations” means any regulations made under section 60(2) of the Local Government Act 1958 , section 85(4) of the London Government Act 1963 , section 259 of the Local Government Act 1972 or section 24 of the Superannuation Act 1972 in relation to local government service and the corresponding provisions in force in Scotland, Northern Ireland and the Isle of Man;
“the material date”, in relation to an entitled officer, means the date on which he became an entitled officer;
“medical school” means that part of any university at which instruction is given only to medical or dental students with a view to their qualification as fully registered medical practitioners for the purposes of the Medical Act 1983 or, as the case may be, registered dentists for the purposes of the Dentists Act 1984 , and includes any postgraduate institute for medical or dental research;
“officer” means a person employed by an employing authority and shall include —
a dental practitioner in respect of whom the Secretary of State has certified that the employment in which he is employed is terminated in the interests of the efficiency of the service in accordance with regulation E3(1)(b)(ii) of the Pension Scheme Regulations (early retirement pension (redundancy etc. )); and
a person whose name appears in the Schedule to the Medical School Employment (Superannuation) Direction 1999, the University (Postgraduate Deanery Staff) (Superannuation) Direction 1999, the Postgraduate Education in General Practice (Superannuation) Direction 1999, the University of London (Postgraduate Deanery Staff) (Superannuation) Direction 1999, or the NHS Executive (Postgraduate Deanery Staff) (Superannuation) Direction 1999;
“Pension Scheme Regulations” means the National Health Service Pension Scheme Regulations 1995 ;
“pensionable employment”, in relation to an entitled officer, has the meaning given by regulation A2 of the Pension Scheme Regulations;
“pensionable service”, in relation to an entitled officer, has the meaning given by regulation A2 of the Pension Scheme Regulations;
“ previous Regulations ” means the National Health Service (Compensation for Premature Retirement) Regulations 1981 ; and
“university” means a self-governing higher education body with the power to award degrees —
which is established by Act of Parliament or Royal Charter; or
whose name includes the word “university” by virtue of the exercise with the consent of the Privy Council of any power as extended by section 77 of the Further and Higher Education Act 1992; or
which falls within the definition of “university” under section 90(3) of that Act.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, Schedule bearing that number in these Regulations; and
b
any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation, or as the case may be, that Schedule.
Persons to whom the Regulations apply
3
These Regulations shall apply to an officer who on ceasing to be employed in the employment of an employing authority becomes entitled to benefits in accordance with regulation E3 of the Pension Scheme Regulations.
Payment of compensation
4
1
Subject to the provisions of these Regulations, an entitled officer shall be entitled, with effect from the material date, to receive from the Secretary of State compensation in accordance with paragraph (2) and, where he is also entitled to a lump sum under regulation E6 of the Pension Scheme Regulations (lump sum on retirement), paragraph (3).
2
The compensation payable in accordance with this paragraph shall consist of an annual allowance at a rate equal to the rate by which that pension would be increased in accordance with those Regulations if a period equal to the period with which he is credited under regulation 5 were added to the pensionable service in respect of which that pension is payable.
3
The compensation payable in accordance with this paragraph shall consist of a lump sum equal to the amount by which the lump sum payable under regulation E6 of those Regulations would be increased in accordance with those Regulations if a period equal to the period with which he is credited under regulation 5 were added to the pensionable service in respect of which that lump sum is payable.
Crediting of additional period of service
5
1
Subject to paragraphs (2) and (3), for the purpose of calculating the amount of the annual allowance payable in accordance with regulation 4(2) and, where applicable, the amount of the lump sum payable in accordance with regulation 4(3) —
a
where the total amount of —
i
an entitled officer’s pensionable service, including any service to which regulation R4(5) of the Pension Scheme Regulations (members doing more than one job) applies; and
ii
any relevant optant service,
is not more than 10 years, the entitled officer shall be credited with an additional period of service equal to the aggregate of such pensionable service and any such relevant optant service; or
b
where the total amount of —
i
an entitled officer’s pensionable service, including any service to which regulation R4(5) of the Pension Scheme Regulations applies; and
ii
any relevant optant service,
is more than 10 years, the entitled officer shall be credited with an additional period of service of 10 years.
2
The period of additional service credited to an entitled officer shall not exceed the amount necessary to make his total pensionable service reach —
a
40 years; or
b
the maximum length of pensionable service he would have been able to accrue had he remained in pensionable employment until retirement age,
whichever is the lesser.
3
In determining the additional period of service to be credited to a mental health officer under paragraphs (1) and (7), no account shall be taken of the provisions in regulation R3(5) of the Pension Scheme Regulations (mental health officer - doubling of pensionable service).
4
For the purposes of paragraphs (1) to (3) above —
a
“relevant optant service” means —
i
service in respect of which an entitled officer was subject to regulation 48 of the National Health Service (Superannuation) Regulations 1980 (persons subject to non-statutory superannuation schemes and arrangements) and which terminated within the 12 months immediately before the beginning of his pensionable service; and
ii
in the case of a person who became an officer in the circumstances described in regulation 2(2) of the National Health Service (Superannuation) Regulations 1980 (interpretation), any service accrued in the employment of a local authority by virtue of which he was, immediately before becoming an officer, a member of such a scheme as is referred to in regulation 48 of those Regulations;
b
“retirement age” means, in relation to an entitled officer, the age at which, under any written condition of employment, he may be required to retire or, if there is no such condition, the age of 65.
5
Where —
a
an entitled officer has received —
i
a redundancy payment under the Employment Rights Act 1996 ; or
ii
a corresponding payment under the arrangements of the Whitley Councils for the Health Services of Great Britain; or
iii
a payment made by virtue of any arrangement made pursuant to paragraph 17(2) of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts — general powers),
in respect of the cessation of the employment referred to in regulation 3; and
b
that payment has not been reduced to take account of any additional period of service with which the officer may have been credited,
any such additional period of service shall not exceed 6 years and 243 days.
6
For the purposes of this regulation, where the pensionable service of an entitled officer consists of or includes pensionable service in part-time employment, such service shall count at its full length.
7
Where the pensionable service of an entitled officer includes service in the employment of an employing authority before 4th November 1980, that officer shall be entitled to compensation calculated in accordance with the provisions of regulation 5(1) (persons who became entitled officers between 29th October 1976 and 3rd November 1980) and regulation 5(4) (service before 4th November 1980) of the previous Regulations if such a calculation would place that entitled officer in a better position than he would have been in had the compensation been calculated in accordance with this regulation.
8
Where the amount of any benefit to which an entitled officer is or may become entitled under the Pension Scheme Regulations is or may be supplemented under regulation 49 or 50 of the National Health Service (Superannuation) Regulations 1980 (supplementary, or discretionary, payments in respect of certain officers) at the discretion of the Secretary of State, the Secretary of State may in the same manner as under regulation 49 or 50 of those Regulations, make supplementary or discretionary payments to such extent as he considers appropriate in addition to any compensation payable to the entitled officer under these Regulations.
9
For the purpose of regulation 6(1), where any part of the pensionable service of an entitled officer to whom there is payable a pension under regulation E3 of the Pension Scheme Regulations is service in part-time employment, the compensation payable in respect of the service credited under this regulation shall not exceed the relevant amount.
10
In this regulation —
“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent of an entitled officer’s pensionable service in respect of part-time employment bears to comparable whole-time employment; and
“the whole-time equivalent” is calculated using the method described in regulation R5(3) of the Pension Scheme Regulations (part-time employment).
Calculation of compensation
6
1
Subject to paragraph (2), the compensation payable under regulation 4 in respect of the additional period of service of an entitled officer shall be calculated in like manner as his pension under regulation E3 of the Pension Scheme Regulations and, where applicable, his lump sum on retirement under regulation E6 of those Regulations or, where a transfer payment has been made in his case under Part M of those Regulations (transfers and buy-outs), the pension and, where applicable, lump sum on retirement which would have been payable but for his pension benefits having been transferred to another scheme by means of that transfer payment.
2
Where regulation R3 of the Pension Scheme Regulations or any corresponding provision of any other scheme in which the entitled officer has retained rights to benefit by virtue of an option exercised under regulation 44 of the National Health Service (Superannuation) Regulations 1980 applies to an entitled officer, the compensation in respect of his additional period of service shall be calculated as if neither paragraph (5)(b) of regulation R3 nor any corresponding provision applied to him.
3
Subject to paragraph (4), where an entitled officer is in receipt of any payment specified in paragraph (6) there shall be deducted from the additional period of service which, but for this paragraph, would have counted as pensionable service by virtue of paragraph (1) or (7) of regulation 5, any additional years or deemed added years which were taken into account for the purposes of the calculation of that payment.
4
The Secretary of State may direct that the deduction in accordance with paragraph (3) should not be made, or that a lesser number of years should be deducted, where —
a
an entitled officer is in receipt of a payment specified in paragraph (6); and
b
there are differences between —
i
the terms of the employment in respect of which that payment is received; and
ii
the terms of the employment referred to in regulation 3; and
c
by reason of those differences, the deduction would be disproportionately large.
5
For the purposes of paragraphs (3) and (4) —
a
“additional years”, in the case of an entitled officer who receives a payment referred to in paragraph (6), means the additional period of service with which that officer was credited for the purpose of making that payment and which had on the calculation of that payment the corresponding effect that the additional period of service has on the annual allowance payable under these Regulations;
b
any additional years or deemed added years shall not be taken into account if these have been taken into account for the purpose of reducing any payment specified in paragraph (6);
c
where a payment specified in paragraph (6) has been enhanced by a sum, being a fraction of the annual rate of remuneration, calculated in sixtieths, each one sixtieth shall be deemed to be an added year for the purposes of this regulation and the expression “deemed added years” shall be construed accordingly;
d
the additional period of service shall be deemed to commence on the material date;
e
the additional years or deemed added years shall be deemed to commence on the day after the occurrence of the event in respect of which the payment specified in paragraph (6) became payable;
f
any additional years or deemed added years which relate to a period before the material date shall not be taken into account.
6
The payments referred to in paragraphs (3) to (5) are —
a
an annual allowance payable under these Regulations;
b
any annual compensation payable immediately or prospectively under the local government compensation regulations or any other regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of office, etc.);
c
any annual compensation payable under a scheme made under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants, etc.) or under article 3 of the Superannuation (Northern Ireland) Order 1973;
d
any annual benefit payable under the early retirement regulations; or
e
any other payment provided for by regulations which have like effect to the regulations referred to in sub-paragraphs (a), (b) or (d).
Partial surrender of annual allowance
7
Where, under regulation J1 of the Pension Scheme Regulations (allocation of part of pension), an entitled officer may surrender part of his pension in favour of his spouse or any other dependant, he may surrender part of the annual allowance which is payable to him under these Regulations, after any reduction under regulation 10, on the like terms and conditions, and in consideration of the like payments by the Secretary of State, as if the said annual allowance were a pension to which he had become entitled under the Pension Scheme Regulations.
Compensation payable to widow, widower or dependants
8
1
Where an entitled officer dies, payments in accordance with this regulation shall be made by the Secretary of State to or for the benefit of that officer’s widow, widower, child or other dependant or to that officer’s personal representative.
2
If the widow, widower, child or other dependant of an entitled officer is entitled to a benefit under the Pension Scheme Regulations, or would have been so entitled if that officer’s benefits had not been transferred to another scheme, the widow, widower, child or other dependant, as the case may be, shall be entitled to receive compensation equal to the benefits he would have received if the compensation payable to the entitled officer under regulation 4 immediately before death had been a pension which was payable under the Pension Scheme Regulations.
3
Any compensation payable to or for the benefit of a widow, widower, child or other dependant under this regulation shall cease to be payable on the date on which the benefit under the Pension Scheme Regulations ceases, or would have ceased, to be payable.
4
Where —
a
any benefit under the Pension Scheme Regulations is payable to any person on behalf of a child or other dependant in accordance with those Regulations; or
b
the entitled officer’s benefits have been transferred to another scheme and any benefits under the Pension Scheme Regulations would have been payable to any such person if those Regulations had continued to apply in relation to that officer;
any compensation payable under this regulation to a child or other dependant shall be paid to that person on behalf of the child or other dependant in the like manner and for the like period as is provided in the Pension Scheme Regulations.
Compensation where lump sum on death becomes payable
9
1
Where the widow, widower, nominee or the personal representative of an entitled officer is entitled to receive a lump sum on death under regulation F5 of the Pension Scheme Regulations (payment of lump sum), that widow, widower, nominee or personal representative shall be entitled under these Regulations to an amount equal to the amount by which such a lump sum on death would have been increased if, for the purpose of calculating the lump sum on death —
a
there were also taken into account the additional period of service credited to the entitled officer as if it were pensionable service;
b
the annual allowance or lump sum payable under regulation 4 were treated as if it were a pension payable under regulation E3 or, where applicable, a lump sum on retirement payable under regulation E6 of the Pension Scheme Regulations; and
c
where any proportion of an annual allowance has been surrendered under regulation 7, there were taken into account the amount which would have been paid but for such a surrender.
2
For the purpose of this regulation “nominee” means a person specified in a notice given by an entitled officer to the Secretary of State for the purpose of regulation F5(3A) of the Pension Scheme Regulations.
Adjustments of compensation
10
1
Where an entitled officer enters further employment with an employing authority on or after the material date and that further employment has ceased, any compensation payable under these Regulations based on the additional period of service shall be reduced in accordance with Schedule 1 to these Regulations to take account of any benefit payable under the Pension Scheme Regulations in respect of that further employment.
2
Where, in respect of an entitled officer, the aggregate of —
a
his pensionable service on the material date;
b
any additional period of service credited to him under these Regulations; and
c
any further pensionable service accrued by him on or after the material date,
exceeds the number of years of service that would have been pensionable under regulation C2(3) of the Pension Scheme Regulations (limitations on pensionable service) had the aggregate of his service been pensionable service under those Regulations, the annual allowance which he is entitled to receive under these Regulations shall be reduced by an amount equal to the compensation payable under regulation 4 in respect of a period of pensionable service equal to the period in excess of that prescribed in regulation C2(3).
Reduction of compensation in certain cases
11
Where an entitled officer who is in receipt of an annual allowance under regulation 4 enters or continues in employment which would constitute NHS employment for the purposes of regulation S2 of the Pension Scheme Regulations (reduction of pension on return to NHS employment), the annual rate of that allowance together with any pension payable under those Regulations shall not exceed the rate at which the compensation would have been paid if the aggregate of the allowance and pension had been a pension liable to reduction under the said regulation S2.
Supply of information
12
Any person to whom compensation is payable under these Regulations shall furnish all such information as the Secretary of State may at any time require for the purposes of these Regulations and that person shall verify the same in such manner, including the production of documents in his possession or control, as may reasonably be required.
Compensation not assignable
13
1
Any assignment of, or charge on, or any agreement to assign or charge, any right to compensation under these Regulations is void.
2
On the bankruptcy of an entitled officer, no part of the compensation shall be paid to any trustee or other person acting on behalf of the creditors, except as provided for in paragraph (3).
3
Where, following the bankruptcy of an entitled officer, the court makes an income payments order under section 310 of the Insolvency Act 1986 that requires the Secretary of State to pay all or part of the compensation to the entitled officer’s trustee in bankruptcy, the Secretary of State shall comply with that order.
Miscellaneous provisions relating to payment of compensation
14
1
Subject to paragraph (2), where, on the death of a person to whom compensation is payable under these Regulations, any sum is due to or in respect of that person, the Secretary of State may pay it to any person claiming to be the personal representative of that person or to be entitled to a share of it, and may do so without requiring proof of the title of the person concerned.
2
Paragraph (1) does not apply if the total of the sum referred to in that paragraph when added to any sum payable under the Pension Scheme Regulations exceeds the specified amount.
3
In paragraph (2), the “specified amount” means £5,000 or any higher amount which is for the time being specified in an order made under section 6(1) of the Administration of Estates (Small Payments) Act 1965 as the amount to be treated as substituted for references to £500 in section 1 of that Act.
Determination of questions
15
Any question arising as to the rights or liabilities of any person under these Regulations shall be determined by the Secretary of State.
Revocations and savings
16
1
The Regulations specified in Column 1 of Schedule 2 are revoked to the extent specified in Column 2 of that Schedule.
2
Anything done under, or by virtue of, any regulation revoked by these Regulations shall, if it could have been done under or for the purpose of the corresponding provision of these Regulations, be deemed to have been done under or by virtue of the corresponding provision of these Regulations, and anything begun under, or by virtue of, any such regulation may be continued under these Regulations as if begun under these Regulations.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
7th May 2002
We consent to the making of these Regulations.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury.
10th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Sussex 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 West Sussex Health Authority ;
“the new Trust” means the Worthing and Southlands Hospitals National Health Service 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 20th February 2002 and on behalf of the new Trust on 4th March 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
26th March 2002


text:
1
This Order may be cited as the A523 Trunk Road (Metropolitan Borough of Stockport) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A523 Trunk Road; and
iii
“the plan” means the plan folio, numbered HA/10/OD/291 and marked “The A523 Trunk Road (Metropolitan Borough of Stockport) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The 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 this Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Caradon (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 the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Caradon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Caradon (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 Caradon District Council.
Wards of the district of Caradon
3
1
The existing wards of the district of Caradon shall be abolished.
2
The district shall be divided into twenty two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, 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 (3) 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.
Wards of the parish of Liskeard
4
1
The existing wards of the parish of Liskeard shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Liskeard North and Liskeard South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of parish councillors to be elected for each parish ward shall be eight.
Wards of the parish of Saltash
5
1
The existing wards of the parish of Saltash shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Saltash Burraton, Saltash Essa, Saltash Pill and Saltash St Stephens; each parish ward shall comprise the area of the district ward bearing the same name; and the number of parish councillors to be elected for each parish ward shall be four.
Wards of the parish of Torpoint
6
The parish of Torpoint shall be divided into two parish wards which shall bear the names Torpoint East and Torpoint West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be eight.
Numbers of parish councillors
7
The number of parish councillors to be elected for the parish of Pelynt shall be ten.
Maps
8
The District of Caradon shall make a print of the map marked “Map referred to in the District of Caradon (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 Caradon (Electoral Arrangements) Order 1980 save for article 4, and article 2(1)(b) of the Caradon (Parishes) Order 1999 are revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2002 and shall come into force on the day after the day on which it is laid before Parliament.
2
At the end of Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 (Instruments made by the Council of the European Union) there is added:
Common Position 2002/145/ CFSP of 18th February 2002 (Zimbabwe) .
.
Jeff Rooker
Minister of State
Home Office
23rd March 2002


text:
1
This Instrument may be cited as The Wiltshire County Council (Semington Aqueduct) Scheme 2000 Confirmation Instrument 2002 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Wiltshire County Council (Semington Aqueduct) Scheme 2000 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department for Transport, Local Government and the Regions, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of Wiltshire County Council, County Hall, Bythesea Road, Trowbridge, Wiltshire BA14 8JN.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
J Blackie
Regional Director Government Office for the North East
17th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Acute Hospitals National Health Service Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the South Tees Acute Hospitals National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Further amendment of NHS trust establishment order
2
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from the James Cook University Hospital, Marton Road, Middlesbrough, TS4 3BW and at or from Friarage Hospital, Northallerton, DL6 1JG, and at or from any associated hospitals, establishments or facilities.
.
2
For article 4 of the Order (directors of the trust) there shall be substituted the following article —
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive and 6 non-executive directors.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th March 2002


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 2) Order 2002 and shall come into force on 18th December 2002.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 18th December 2002.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and effect
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2002, shall come into force on 6th April 2002 and shall have effect for the tax year 2002–03 and subsequent tax years.
Interpretation
2
In these Regulations “the principal Regulations ” means the Individual Savings Account Regulations 1998 and, unless the context otherwise requires, a reference to a numbered regulation is a reference to the regulation of the principal Regulations bearing that number.
Amendment of the principal Regulations
3
Amend the principal Regulations as follows.
4
For paragraph (6) of regulation 35 substitute —
6
If —
a
a chargeable event, within the meaning given by Chapter 2 of Part 13 of the Taxes Act, has happened in relation to a policy of life insurance which is an account investment held under an insurance component; and
b
the body by whom the policy was issued is satisfied that no gain is to be treated as chargeable to tax on the happening of the event by virtue of regulation 22(1)(a)(v),
the body shall not be obliged to deliver the certificates mentioned in section 552(1) of that Act.
This paragraph does not prevent the operation of section 552(1) in a case to which regulation 36(1) applies.
.
5
1
Amend regulation 36 as follows.
2
For paragraph (6) substitute —
6
In section 552 of the Taxes Act —
a
in subsection (1)(b) for the words “policy holder” there shall be substituted “account investor”;
b
in subsection (3) —
i
in the words “(or, where the appropriate policy holder is a company, the corresponding financial year)” shall be omitted;
ii
for the words “the name and address of the appropriate policy holder” there shall be substituted “the name and address of the account investor”;
iii
the words “and the corresponding financial year,” shall be omitted;
c
in subsection (5) —
i
for the words “the appropriate policy holder” there shall be substituted “the account investor”;
ii
sub-paragraph (b)(ii) shall be omitted;
iii
paragraph (c) shall be omitted;
iv
in paragraph (d) the words “except where paragraph (c) above applies,” shall be omitted; and
v
paragraph (f) shall be omitted;
d
in subsection (6) —
i
paragraph (b) shall be omitted;
ii
for paragraph (c) there shall be substituted —
c
if the event is a death, the period of three months beginning with the receipt of written notification of the death;
;
iii
after paragraph (c) there shall be inserted —
d
if the event is one specified in regulation 9(8) of the Individual Savings Account Regulations 1998 or a termination event, the period of three months beginning with the receipt of written notification of the event, or, if earlier, actual notice of the event.
;
e
in subsection (7) —
i
in paragraph (a) for the words “assessment, or, where the policy holder is a company, the financial year,” there shall be substituted “assessment”;
ii
paragraph (b) shall be omitted;
iii
for paragraph (c) there shall be substituted —
c
if the event is a death, the period of three months beginning with the receipt of written notification of the death;
;
iv
after paragraph (c) there shall be inserted —
ca
if the event is one specified in regulation 9(8) of the Individual Savings Account Regulations 1998 or a termination event, the period of three months beginning with the receipt of written notification of the event, or, if earlier, actual notice of the event;
; and
v
in paragraph (d) for the words “paragraph (c)” there shall be substituted “paragraph (c) or (ca)”;
f
in subsection (8) —
i
in paragraph (b) for “policy holder” there shall be substituted “account investor in respect”;
ii
in paragraph (c) the words from “or” to the end of the paragraph shall be omitted;
g
in subsection (9) the words “or financial year” shall be omitted in each place where they occur;
h
in subsection 10 —
i
before the definition of “amount” there shall be inserted —
“account investor” has the same meaning as in the Individual Savings Account Regulations 1998;
;
ii
the definition of “appropriate policy holder” shall be omitted;
iii
the definition of “financial year” shall be omitted;
iv
for the definition of “the relevant year of assessment” there shall be substituted —
“the relevant year of assessment”, in the case of any gain, means the year of assessment to which the gain is attributable;
; and
v
after the definition of “section 546 excess” there shall be inserted —
“termination event” has the same meaning as in the Individual Savings Account Regulations 1998;
; and
i
subsection (11) shall be omitted.
.
3
After paragraph (6) there shall be inserted —
6A
In section 552ZA of the Taxes Act —
a
in subsection (2)(b) the words “or an assignment” shall be omitted; and
b
subsections (3) and (4) shall be omitted.
4
Omit paragraph (7).
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2002