text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) Regulations 2002 and shall come into force on 1st March 2002.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
“ the Act ” means the Police Act 1997 ;
“reprimand” means a reprimand given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998 ;
“volunteer” means a person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party other than or in addition to a close relative;
“warning” means a warning given to a child or young person in accordance with section 65 of the Crime and Disorder Act 1998.
Application form
3
The form set out in Schedule 2 to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of sections 113(1)(a) (criminal record certificate), 114(1)(a) (criminal record certificate: Crown employment), 115(1)(a) (enhanced criminal record certificate) and 116(1)(a) (enhanced criminal record certificate: judicial appointment and Crown employment) of the Act.
Fees for criminal record certificates and enhanced criminal record certificates
4
The fee payable in relation to an application for the issue of a criminal record certificate or an enhanced criminal record certificate is hereby prescribed as £12 save that no fee is payable in relation to an application made by a volunteer.
Relevant matters: prescribed details
5
The following details of a relevant matter for the purposes of sections 113(3)(a) and 115(6)(a)(i) of the Act (including those provisions as applied by sections 114(3) and 116(3), respectively) are hereby prescribed —
a
in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 1974 , including a spent conviction —
i
the date of conviction;
ii
the convicting court;
iii
the offence; and
iv
the method of disposal for the offence including details of any order made under Part 2 of the Criminal Justice and Court Services Act 2000 ,
b
in the case of a caution, reprimand or warning —
i
the date of caution, reprimand or warning;
ii
the place where the caution, reprimand or warning was issued; and
iii
the offence which the person issued with a caution, reprimand or warning had admitted.
List kept under section 1 of the Protection of Children Act 1999: prescribed details
6
1
In the case of an applicant included in the list kept under section 1 of the Protection of Children Act 1999 the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act —
a
the fact that a person with the same name and date of birth as the applicant is included on the list;
b
whether the person is disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000;
c
whether any appeal against inclusion in the list is pending;
d
whether the inclusion in the list is provisional; and
e
whether or not the person may not be employed or, as the case may be, should cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of the Protection of Children Act 1999.
2
In this regulation “childcare position” and “childcare organisation” have the same meanings as in section 12 of the Protection of Children Act 1999 .
List kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988: prescribed details
7
1
In the case of an applicant included in the list kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988 the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act —
a
the fact that a person with the same name as the applicant is included on the list;
b
the date of inclusion on the list;
c
the grounds on which the person is included on the list;
d
whether the person is disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000; and
e
details of any prohibition or restriction on the person’s employment including the date of imposition of the prohibition or restriction.
2
If the ground on which an applicant is included on the list kept for the purposes of regulations made under subsection (6) of section 218 of the Education Reform Act 1988 is misconduct then any certificate issued shall show details of the misconduct.
List kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996: prescribed details
8
In the case of an applicant included in the list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the Education Act 1996 the following details are hereby prescribed for the purposes of sections 113(3A)(b) and 115(6A)(b) of the Act —
a
the fact that a person with the same name as the applicant is included on the list;
b
the date of inclusion on the list;
c
the grounds upon which the person was disqualified under section 470 or 471 of the Education Act 1996;
d
brief reasons for the disqualification; and
e
whether the person is disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000.
Central records: prescribed details
9
Information in any form relating to convictions, cautions, reprimands and warnings on a names index held by the Police Information Technology Organisation for the use of constables is hereby prescribed as “central records” for the purposes of section 113(5) of the Act (including that provision as applied by sections 114(3), 115(6) and 116(3)).
Enhanced criminal record certificates: relevant police forces
10
For the purposes of an application for an enhanced criminal record certificate “relevant police force” means —
a
the police force maintained for the police area in England and Wales or Scotland within which the applicant resides or has resided within the period of 5 years preceding the date of the application;
b
the Police Service of Northern Ireland if the applicant resides or has resided within the period of 5 years preceding the date of the application within Northern Ireland;
c
such other police force as the chief officer of police of a police force identified as a relevant police force by virtue of paragraphs (a) or (b) above determines;
d
any police force that the Secretary of State determines to be relevant to the application.
Evidence of identity: fingerprinting
11
1
Where the Secretary of State requires an application under Part V of the Act to be supported by evidence of identity in the form of fingerprints then the place at which they are to be taken is to be determined in accordance with paragraphs (2) and (3) below and he shall notify the applicant —
a
of his requirement; and
b
of the fact that any fingerprints taken from the applicant and provided to the Secretary of State in pursuance of the requirement may be the subject of a speculative search.
2
Any applicant in receipt of such notification shall notify the Secretary of State of whether he wishes to proceed with his application and, if so, notify the Secretary of State —
a
that he consents to the taking of his fingerprints; and
b
of the police station (“the specified police station”) that he proposes to attend at for the purposes of having his fingerprints taken.
3
The Secretary of State may require the police officer in charge of the specified police station, or any other police station he reasonably determines, to take the applicant’s fingerprints at the specified station at such reasonable time as the officer may direct and notify to the applicant.
4
Fingerprints taken in connection with an application under Part V of the Act must be destroyed as soon as is practicable after the identity of the applicant is established to the satisfaction of the Secretary of State.
5
If fingerprints are destroyed —
a
any copies of the fingerprints shall also be destroyed; and
b
any chief officer of police controlling access to computer data relating to the fingerprints shall make access to the data impossible, as soon as it is practicable to do so.
6
Any applicant who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
7
If —
a
paragraph (5)(b) above falls to be complied with; and
b
the applicant to whose fingerprints the data relates asks for a certificate that it has been complied with,
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this regulation.
8
In the case of an applicant under the age of 18 years the consent of the applicant’s parent or guardian to the taking of the applicant’s fingerprints is also required.
9
In this regulation —
“speculative search” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984 ; and
“responsible chief officer of police” means the chief officer of police in whose area the computer data were put on to the computer.
Fees payable to police authorities for information provided to the Secretary of State
12
The Secretary of State shall pay to the appropriate police authority the fee shown in Schedule 3 to these Regulations in respect of each request he makes to the chief officer of a police force for the provision of information under section 115 or 116 of the Act.
John Denham Minister of State
Home Office
7th February 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Vehicle Excise Duty (Designation of Small Islands) (Amendment) Order 2002 and shall come into force on 1st June 2002.
Designation of small islands
2
The Schedule to the Vehicle Excise Duty (Designation of Small Islands) Order 1995 shall be amended by the insertion of —
a
“Mainland” after “Hoy” and “Shapinsay” after “Sanday” in the list headed “ Orkney Islands ”;
b
“Harris and Lewis” after “Eriskay” in the list headed “ Outer Hebrides ”; and
c
“Mainland” after “Foula” in the list headed “ Shetland Islands ”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department of Transport, Local Government and the Regions
14th April 2002


text:
1
1
These Regulations may be cited as the Education (Bursaries for School Teacher Training) (England) (Amendment) (No. 2) Regulations 2002 and shall come into force on 13th May 2002.
2
These Regulations shall apply in relation to England.
2
The Education (Bursaries for School Teacher Training) (England) Regulations 2002 shall be amended as follows.
3
1
In regulation 2(1) delete the definition of “fast track teacher”.
2
In regulation 4(1) insert a comma after “head teacher” and delete the words “or fast track teacher, who has satisfactorily completed his induction period before the relevant date and”.
3
Delete regulation 4(3).
Stephen Timms
Minister of State,
Department for Education and Skills
19th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastern Cheshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 6th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Eastern Cheshire 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 6th March 2002 a Primary Care Trust to be called the Eastern Cheshire 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 the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The South Cheshire 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 incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
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; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
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.
4
The East Cheshire 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th February 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Blackburn with Darwen (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 6th May 2004 , on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Blackburn with Darwen;
“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 Borough of Blackburn with Darwen (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 Blackburn with Darwen Borough Council.
Wards of the borough of Blackburn with Darwen
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that 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 that 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.
Elections of the council of Blackburn with Darwen
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Blackburn with Darwen Borough Council shall make a print of the map marked “Map referred to in the Borough of Blackburn with Darwen (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adapation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
Article 3 of The Borough of Blackburn (Parishes and Electoral Changes) Order 1997 is revoked.
Signed by the members of the Electoral Commission:
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) (Amendment) Regulations 2002 and shall come into force on 2nd September 2002.
2
These Regulations shall apply only in relation to England.
Amendment of the Financing of Maintained Schools (England) Regulations 2002
2
1
The Financing of Maintained Schools (England) Regulations 2002 shall be amended as follows.
2
The following shall be added to Schedule 4: —
28
Expenditure incurred by a governing body in the exercise of the power conferred by section 27 of the Education Act 2002.
David Miliband
Minister of State,
Department for Education and Skills
5th August 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of North West Leicestershire (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 North West Leicestershire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of North West Leicestershire (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 North West Leicestershire District Council.
Wards of the district of North West Leicestershire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards 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 that 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 Ashby-de-la-Zouch
4
1
The existing wards of the parish of Ashby-de-la-Zouch shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Ravenstone with Snibston
5
The parish of Ravenstone with Snibston shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
6
The number of parish councillors to be elected for the parish of Worthington shall be five; the number of councillors to be elected for the Griffydam parish ward shall be one and for each of the Newbold and Worthington parish wards shall be two.
Maps
7
North West Leicestershire District Council shall make a print of the map marked “Map referred to in the District of North West Leicestershire (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
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
9
The District of North West Leicestershire (Electoral Arrangements) Order 1980 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
4th October 2002
Glyn Mathias
Commissioner
4th October 2002
Neil Mcintosh
Commissioner
4th October 2002
Karamjit Singh
Commissioner
4th October 2002
Sam Younger
Commissioner
4th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2002 and shall come into force on 16th April 2002, but regulation 2 shall have effect from 31st August 2001 and regulations 3 and 4 shall have effect from 1st April 2002.
2
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 and in regulation 4, unless the context otherwise requires, expressions which are also used in the principal Regulations shall have the same meaning as they have in those Regulations.
The Local Government Pension Scheme (Her Majesty’s Chief Inspector of Schools in England) (Transfers) Regulations 2001
2
Regulation 3 of the Local Government Pension Scheme (Her Majesty’s Chief Inspector of Schools in England) (Transfers) Regulations 2001 shall be amended —
a
in paragraph (1)(b)(i), by substituting “31st July 2002” for “31st March 2002”; and
b
in paragraph (4), by substituting “31st March 2002” for “31st December 2001”.
The Local Government Pension Scheme Regulations 1997
3
Regulation 6 of the principal Regulations shall be amended —
a
in paragraph (1), by inserting “paragraph (11) and” after “Subject to”; and
b
by adding after paragraph (10) —
11
A person may be a member of the Scheme notwithstanding that he is entitled to be a member of the National Health Service Pension Scheme for England and Wales by reason of his employment by a Care Trust if —
a
he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and a Care Trust, and
b
he was an active member of the Scheme immediately before his employment by the Care Trust.
.
The Care Standards Inspectorate for Wales
4
1
This regulation applies to a person who —
a
immediately prior to 1st April 2002 is an active member of the Scheme and employed under a contract of employment with a local authority on work which would have continued but for the provisions of section 79 of the Care Standards Act 2000 ; and
b
on 1st April 2002 becomes employed by the National Assembly for Wales in employment for the Care Standards Inspectorate for Wales.
2
A person to whom this regulation applies is referred to in this regulation as “a transferring member”.
3
Where a transferring member —
a
becomes a member of the principal civil service pension scheme on 1st April 2002;
b
agrees in writing by 31st December 2002 that a transfer be made under this regulation instead of any payment which he otherwise may require to be made under Chapter IV of Part IV of the Pension Schemes Act 1993 and the principal Regulations, and
c
waives any rights he may have under that Chapter by virtue of the cessation of his active membership.
the administering authority which was his appropriate administering authority on 31st March 2002 must —
d
set aside in cash such part of the appropriate fund as equals the transfer payment, and
e
pay it to the managers of the principal civil service pension scheme for the benefit of the transferring member.
4
The transfer payment referred to in paragraph (3)(d) shall be such amount as is determined in accordance with Part 1 of the Schedule.
5
The transferring member’s appropriate administering authority must provide the transferring member by 30th September 2002 with sufficient information in writing for the member to check that the rights that he will acquire under the principal civil service pension scheme as a result of payment of the transfer payment are at least equivalent to those which he would have obtained if a transfer value had been paid to the same scheme under Chapter IV of Part IV of the Pension Schemes Act 1993, as it applies by virtue of regulation 116 of the principal Regulations, (assuming in any case where the member would not be entitled to such a payment that he was).
6
His appropriate administering authority must certify to the managers of the principal civil service pension scheme the amount included in the transfer payment that represents the transferring member’s contributions and interest on them.
7
Where a transfer payment is to be or has been made under paragraph (3), no other payment or transfer of assets shall be made from the pension fund by reason of membership covered by the transfer payment.
8
Paragraph (7) overrides anything to the contrary in the principal Regulations.
9
A transferring member may remain an active member of the Scheme after 31st March 2002 notwithstanding that he is entitled to be a member of the principal civil service pension scheme by reason of his employment by the National Assembly for Wales in employment for the Care Standards Inspectorate for Wales if he is specified in, or within a class of employees specified in, an admission agreement made between Rhondda, Cynon, Taff County Borough Council and the National Assembly for Wales and regulation 6(1) of the principal Regulations shall not apply.
10
Where —
a
as a consequence of such an admission agreement, the pension fund maintained by Rhondda, Cynon, Taff County Borough Council becomes the appropriate fund for a transferring member after 31st March 2002,
b
immediately before it does so, another fund was his appropriate fund,
c
in a case where regulation 32(1) of the principal Regulations applies, the transferring member makes an election under that regulation to have his membership prior to 1st April 2002 aggregated with his membership after that date,
the administering authority that has ceased to be the transferring member’s appropriate administering authority must make a payment to Rhondda, Cynon, Taff County Borough Council —
d
of an amount determined in accordance with Part I of the Schedule unless, where regulation 32(1) applies, no election is made before 1st January 2003; or
e
of an amount determined in accordance with Part 2 of the Schedule where such an election is made after 31st December 2002.
11
Rhondda, Cynon, Taff County Borough Council must credit any payment made under paragraph (10) to their fund.
12
Paragraph (10) overrides anything to the contrary in regulation 125 of the principal Regulations.
Signed by authority of the Secretary of State for Transport Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
26th March 2002


text:
Citation, commencement and interpretation
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 3) Order 2002 and shall come into force on the day after the day on which it is laid before Parliament.
2
In this Order “the 2000 Order ” means “the Immigration (Designation of Travel Bans) Order 2000” .
Amendment of the 2000 Order
3
The Schedule to the 2000 Order shall be amended as follows:
a
in Part 1 “Resolution 1127 (1997) of 28th August 1997 (Angola)” shall be deleted; and
b
at the end of Part 2, after “Common Position 2002/145/ CFSP of 18th February 2002 (Zimbabwe)” there shall be inserted “, as amended by Common Position 2002/600/CFSP of 22nd July 2002 (Zimbabwe)”.
Beverley Hughes
Minister of State
Home Office
5th December 2002


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2002 and shall come into force on 1st April 2002.
Amendment of the Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
Changing references to cabin attendants to cabin crew
3
1
In article 20(7)(b) for “cabin attendants” there shall be substituted “cabin crew”.
2
In article 20(7)(c)(i) for “one cabin attendant” there shall be substituted “one member of the cabin crew”.
3
In article 20(7)(c)(ii) for “cabin attendants” there shall be substituted “members of the cabin crew”.
4
In article 20(8) for “cabin attendants” on the first occasion on which it occurs there shall be substituted “cabin crew” and on the second occasion on which it occurs there shall be substituted “members of the cabin crew”.
5
In article 45(2)(a)(ii), 45(2)(e)(ii) and 45(2)(f)(i)(bb) for “cabin attendants” there shall be substituted “cabin crew”.
6
In article 129(1) in the definition of “Cabin attendant” for “`Cabin attendant' in relation to an aircraft means a person” there shall be substituted “`Cabin crew' in relation to an aircraft means those persons”.
7
In article 129(1) in the definition of “Crew” for “cabin attendant” there shall be inserted “member of the cabin crew”.
8
In Schedule 4, paragraph 5, Scale B in paragraph (1)(e) for “cabin attendants” there shall be substituted “cabin crew”.
9
In Schedule 4, paragraph 5, Scale G paragraph (iii)(b)(bb)(bbb) for “cabin attendants” there shall be substituted “members of the cabin crew”.
10
In Schedule 4, paragraph 5, Scale L2, Part I, sub-paragraphs (ii)(b) and (iii)(b) in the column headed “Supply for” for “Cabin attendants” on both occasions it occurs there shall be substituted “Members of the cabin crew”.
11
In Schedule 4, paragraph 5, Scale L2, Part II, sub-paragraphs (ii)(b), (ii)(c) and (iii)(b) in the column headed “Supply for” for “Cabin attendants” on the three occasions it occurs there shall be substituted “Members of the cabin crew”.
12
In Schedule 4, paragraph 5, Scale R paragraph (i)(a) for “cabin attendant” there shall be substituted “member of the cabin crew”.
13
In Schedule 4, paragraph 5, Scale R paragraph (ii)(a) for “cabin attendants” there shall be substituted “members of the cabin crew”.
14
In Schedule 4, paragraph 5, Scale Y, paragraph (iv)(b) for “cabin attendants” there shall be substituted “cabin crew”.
Single Engined Aircraft
4
1
In the heading to article 37 for “single engined aeroplanes” there shall be substituted “aeroplanes with one power-unit which are”,
2
In article 37 for “and is powered by one engine” there shall be substituted “and is powered by one power-unit”.
3
In article 37 for “the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome” there shall be substituted “the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any alternate aerodrome”.
Non-Public transport aircraft aerodrome operating minima
5
1
After article 40(1) there shall be inserted:
1A
An aircraft to which this article applies shall not:
a
conduct a Category II , Category IIIA or Category IIIB approach and landing; or
b
take-off when the relevant runway visual range is less than 150 metres, otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.
1B
In the case of an aircraft registered in the United Kingdom, the approval referred to in paragraph (1A) shall:
a
be issued by the CAA ;
b
be in writing; and
c
contain such conditions as the CAA thinks fit.
2
At the commencement of article 40(2) and (3) there shall be inserted “Without prejudice to the provisions of paragraph (1A)”.
3
After article 40(3) there shall be inserted:
3A
If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
4
After article 40(4) there shall be inserted:
4A
In this article “Category II, Category IIIA and Category IIIB approach and landing” have the same meaning as in article 39(8).
Break in markings
6
1
a
In article 62(1) for “aircraft” there shall be substituted “aeroplane and helicopter”.
b
In article 62(2)(a) on both occasions on which it occurs, 62(2)(b)(i) on both occasions on which is occurs, 62(2)(b)(ii) and (iii), 62(4)(b), 62(8)(a) on both occasions on which it occurs and 62(8)(b)(i) on both occasions on which it occurs for “aircraft” there shall be substituted “aeroplane or helicopter”.
2
For article 62(3) there shall be substituted:
3
Every exit from the aeroplane or helicopter shall be marked with the words “exit” or “emergency exit” in capital letters, which shall be red in colour and if necessary shall be outlined in white to contrast with the background.
.
3
For article 62(4)(a) there shall be substituted:
a
Every exit from the aeroplane or helicopter shall be marked with instructions in English and with diagrams to indicate the correct method of opening the exit, which shall be red in colour and located on a background which provides adequate contrast.
.
4
For article 62(5) there shall be substituted:
5
a
An operator of an aeroplane or helicopter shall ensure that if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on aeroplanes and helicopters, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas (in this paragraph referred to as “break-in areas”) which can, for purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aeroplane or helicopter.
b
The colour of the break-in markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background. If the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.
.
5
Article 62(6) and 62(7)(b) and (c) shall be omitted.
Rockets
7
1
After article 87 there shall be inserted:
Regulation of rockets
87A
1
a
Subject to sub-paragraph (b), this article shall apply to:
i
small rockets of which the total impulse of the motor or combination of motors exceeds 160 Newton-seconds; and.
ii
large rockets.
b
This article shall not apply to
i
an activity to which the Outer Space Act 1986 applies; or
ii
a military rocket.
2
No person shall launch a small rocket to which this article applies unless the condition in paragraph (3), and any of the conditions in paragraph (4) which are applicable, are satisfied.
3
The condition first mentioned in paragraph (2) is that he has reasonably satisfied himself that:
a
the flight can be safely made; and
b
the airspace within which the flight will take place is, and will throughout the flight, remain clear of any obstructions including any aircraft in flight.
4
The conditions mentioned secondly in paragraph (2) are that:
a
for a flight within controlled airspace, he has obtained the permission of the appropriate air traffic control unit for aircraft flying in that airspace;
b
for a flight within an aerodrome traffic zone at any of the times specified in Column 2 of the Table in rule 39(1) of the Rules of the Air Regulations 1996 , he has obtained the permission of the air traffic control unit at the aerodrome or, where there is no air traffic control unit, he has obtained from the aerodrome flight information service unit at that aerodrome information to enable the flight within the zone to be conducted safely or, where there is no air traffic control unit nor aerodrome flight information service unit, he has obtained information from the air/ground radio station at that aerodrome to enable the flight to be conducted safely;
c
a flight for aerial work purposes is carried out under and in accordance with a permission granted by the CAA.
5
No person shall launch a large rocket unless he does so under and in accordance with a permission granted by the CAA.
6
For the purposes of this article a permission granted by the CAA shall be in writing and may be granted subject to such conditions as the CAA thinks fit.
.
2
In article 129(1) after the definition of “To land” there shall be inserted:
‘Large rocket’ means a rocket of which the total impulse of the motor or combination of motors is more than 10,240 Newton-seconds;
.
3
In article 129(1) after the definition of “Military aircraft” there shall be inserted:
‘Military rocket’ means:
any rocket being constructed for the naval, military or air force of any country under a contract entered into by the Secretary of State; and
any rocket in respect of which there is in force a certificate issued by the Secretary of State that the rocket is to be treated for the purposes of this Order as a military rocket;
.
4
In article 129(1) after the definition of “Replacement” there shall be inserted:
‘Rocket’ means a device which is propelled by ejecting expanding gasses generated in its motor from self contained propellant and which is not dependent on the intake of outside substances. It includes any part of the device intended to become separated during operation;
.
5
In article 129(1) after the definition of “Small balloon” there shall be inserted;
‘Small rocket’ means a rocket of which the total impulse of the motor or combination of motors does not exceed 10,240 Newton-seconds;
.
Lighting of En Route Obstacles
8
After article 109 there shall be inserted:
Lighting of en-route obstacles
109A
1
This article shall apply to any en-route obstacle which for the purposes of this article means any building, structure or erection which is 150 metres or more above ground level other than any such building, structure or erection which is in the vicinity of a licensed aerodrome.
2
The person in charge of an en-route obstacle shall ensure that it is fitted with medium intensity steady red lights positioned as close as possible to the top of the obstacle and at intermediate levels spaced so far as practicable equally between the top lights and ground level with an interval not exceeding 52 metres.
3
Subject to paragraph (4), the person in charge of an en-route obstacle shall ensure that, by night, the lights required to be fitted by this article shall be displayed.
4
In the event of the failure of any light which is required by this article to be displayed by night the person in charge shall repair or replace the light as soon as is reasonably practicable.
5
At each level on the obstacle where lights are required to be fitted, sufficient lights shall be fitted and arranged so as to show when displayed in all directions.
6
In this article, “medium intensity steady red light” means a light which complies with the characteristics described for a medium intensity type C light as specified in Volume 1 (Aerodrome Design and Operations) of Annex 14 (Third edition November 1999) to the Chicago Convention.
7
In any particular case the CAA may direct that an en-route obstacle shall be fitted with and shall display such additional lights in such positions and at such times as it may specify.
8
a
This article shall not apply to any en-route obstacle in respect of which a permission has been granted by the CAA to the person in charge provided any conditions specified in such a permission are complied with.
b
A permission may be granted for the purposes of this article in respect of a particular case or class of cases or generally and subject to such conditions as the CAA thinks fit.
.
Drafting changes
9
1
In article 111(1) for “the Commissioners for Customs and Excise” there shall be substituted “the Commissioners of Customs and Excise”.
2
a
In Schedule 8 Part A Section 2 under the heading “Commercial Pilot Licence (Helicopter)”, after the section headed “Curtailment of privileges of licence holders aged 60 years or more” sub-paragraph (b)(i) shall be renumbered “(4)”; sub-paragraph (b)(ii) shall be renumbered “(5)”; sub-paragraph (aa) shall be renumbered “(a)”; and sub-paragraph (bb) shall be renumbered “(b)”.
b
At the commencement of each of the renumbered paragraphs (4) and (5) for the words “He shall not” there shall be substituted “The holder shall not”.
c
The renumbered paragraphs (4) and (5) shall immediately precede the section headed “Curtailment of privileges of licence holders aged 60 years or more”.
Definition of Microlight
10
In article 129(1) for the definition of “Microlight aeroplane” there shall be substituted:
‘Microlight aeroplane’ means an aeroplane designed to carry not more than two persons which has:
a maximum total weight authorised not exceeding:
300 kg for a single seat landplane, (or 390 kg for a single seat landplane in respect of which a United Kingdom permit to fly or certificate of airworthiness was in force prior to 1st January 2003),
450 kg for a two seat landplane,
330 kg for a single seat amphibian or floatplane, or
495 kg for a two seat amphibian or floatplane; and
either a wing loading at the maximum total weight authorised not exceeding 25 kg per square metre or a stalling speed at the maximum total weight authorised not exceeding 35 knots calibrated airspeed;
.
A Conditions
11
1
In Schedule 3, Part A under the heading “A Conditions” in paragraph (2)(a)(i) after “shall mean a modification which has previously been approved by the CAA” there shall be inserted “or by an organisation approved for that purpose by the CAA”.
2
In Schedule 3, Part A under the heading “A Conditions” for paragraph (3) there shall be substituted:
3
The aircraft, including any modifications, shall be of a design which previously has been approved by the CAA, or by an organisation approved for that purpose by the CAA, as being compliant with a standard accepted by the CAA as appropriate for the issue of a United Kingdom certificate of airworthiness.
.
Provision of approach radar control service beyond 40 nautical miles
12
In Schedule 9 paragraph 2(3) the words “for any aircraft which is flying not more than 40 nautical miles from the aerodrome traffic zone of the aerodrome in respect of which the service is being provided” shall be omitted.
Accident prevention and flight safety programme
13
In Schedule 10 Part A after sub-paragraph (a)(xviii) there shall be inserted:
xix
the establishment and maintenance of an accident prevention and flight safety programme.
.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Warwickshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the North Warwickshire Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the North Warwickshire 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 Warwickshire 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 North Warwickshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
1
This Order may be cited as the Finance Act 2002, section 5(6), (Appointed Date) Order 2002.
2
The date appointed under section 5(6)(a) of the Finance Act 2002 is 25th July 2002.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
25th July 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2002 and shall come into force on 16th April 2002.
2
In these Regulations, “the Northern Ireland Regulations ” means the Child Support (Northern Ireland Reciprocal Arrangements) Regulations 1993 .
Amendment of regulation 2 of the Northern Ireland Regulations
2
1
Regulation 2 of the Northern Ireland Regulations (adaptation) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “Exchange of Letters set out in Schedule 1A” there shall be substituted the words “Exchanges of Letters set out in Schedules 1A and 1B”.
3
In paragraph (2) —
a
after the words “column 2 of Schedule 2” there shall be inserted the words “or column 2 of Schedule 3”;
b
after the words “column 1 of Schedule 2” where they first occur there shall be inserted the words “or column 1 of Schedule 3 and for the purposes of the provision of the Family Law Act 1986 specified in the corresponding paragraph of column 1 of Schedule 3”;
c
for the words “of Health and Social Services for Northern Ireland” there shall be substituted the words “for Social Development”; and
d
paragraph (c) shall be omitted.
Insertion of Schedule 1B into the Northern Ireland Regulations
3
After Schedule 1A to the Northern Ireland Regulations (Exchange of Letters), there shall be inserted, as Schedule 1B, the Schedule set out in Schedule 1 to these Regulations.
Amendment of Schedule 2 to the Northern Ireland Regulations
4
1
Schedule 2 to the Northern Ireland Regulations (adaptation) shall be amended in accordance with the following provisions of these Regulations.
2
After the entry relating to section 10 there shall be inserted the following entry —
“Section 14A Article 16A Information — offences”.
3
The words “Sections 27 and 28” in column 1, “Article 28” in column 2 and “Declaration of parentage” in column 3 shall be omitted.
Insertion of Schedule 3 to the Northern Ireland Regulations
5
After Schedule 2 to the Northern Ireland Regulations (adaptation) there shall be inserted, as Schedule 3, the Schedule set out in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st March 2002


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002 and shall come into force on 2nd September 2002.
2
Article 3 of the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002 , is amended as follows:
a
in paragraph (h) after “Staffordshire;” delete “and”; and
b
after paragraph (i), insert —
j
Avon and Somerset;
k
Greater Manchester;
l
Thames Valley; and
m
West Yorkshire.
.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
18th July 2002


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (General Provisions) Regulations 2002 and shall come into force on 31st March 2002.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“apparatus” means any drum, barrel, tank, pump, hose or any other item adapted or used for the purposes of producing or transporting milk or milk products;
“authorised officer” means a person (whether or not an officer of the relevant competent authority) who is authorised by the relevant competent authority, either generally or specifically for the purposes of these Regulations, to act under these Regulations;
“the Commission Regulation” means Commission Regulation ( EC ) No. 1392/2001 laying down detailed rules for applying Council Regulation ( EEC ) No. 3950/92 establishing an additional levy on milk and milk products ;
“Commission Regulation 1756/93” means Commission Regulation (EEC) No. 1756/93 fixing the operative events for the agricultural conversion rate applicable to milk and milk products ;
“Commission Regulation 2562/93” means Commission Regulation (EEC) No 2562/93 laying down detailed rules for the application of Regulation (EEC) No 2055/93 allocating a special reference quantity to certain producers of milk and milk products ;
“the Community legislation” means the Commission Regulation, the Council Regulation, Council Regulation 2055/93, Commission Regulation 1756/93 and Commission Regulation 2562/93;
“the competent authority” means, —
in England, the Secretary of State for Environment, Food and Rural Affairs;
in Wales, the National Assembly for Wales;
in Scotland, the Scottish Ministers; and
in Northern Ireland, the Department of Agriculture and Rural Development;
“the Council Regulation” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sector , as last amended by Commission Regulation (EC) No. 603/2001 adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No. 3950/92 ;
“Council Regulation 2055/93” means Council Regulation (EEC) No. 2055/93 allocating a special reference quantity to certain producers of milk and milk products ;
“dairy produce” means produce, expressed in kilograms or litres (one kilogram being 0.971 litres), in respect of which levy is payable;
“delivery” has the same meaning as in Article 9(g) of the Council Regulation, and “deliver” shall be construed accordingly;
“direct sale” means a sale within the terms of Article 9(h) of the Council Regulation;
“direct sales quota” means the quantity of dairy produce which may be sold or transferred free of charge by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“direct seller” means a person who produces milk and treats that milk or processes it to produce milk or milk products on his holding and subsequently sells or transfers that milk or those milk products free of charge without their having been further treated or processed by an undertaking which treats or processes milk or milk products;
“holding” has the same meaning as in Article 9(d) of the Council Regulation;
“levy” means the levy payable under the Community legislation;
“national reserve” means the reserve described in regulation 4 of these Regulations constituted in accordance with Article 5 of the Council Regulation (which concerns the confiscation and distribution of quota);
“premises” includes any vehicle;
“producer” has the same meaning as in Article 9(c) of the Council Regulation;
“purchaser” means a purchaser within the meaning of Article 9(e) of the Council Regulation;
“quota” means direct sales quota or wholesale quota;
“quota year” means any of the periods of 12 months referred to in Article 1 of the Council Regulation (which concerns the fixing of the levy);
“relevant date”, in relation to a producer, purchaser or any other person, and for the purposes of any given quota year, means the beginning of that quota year;
“relevant offence” means an offence relating to —
any failure to comply with a requirement imposed by, or in implementation of, the Community legislation;
the making of any statement or use of any document which is false in a material particular; or
any disposal of incorrectly registered quota.
“relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser;
“relevant proceedings” mean any criminal proceedings relating to a relevant offence;
“territory” means England, Wales, Scotland or Northern Ireland, as the case may be;
“Tribunal” means a Dairy Produce Quota Tribunal constituted pursuant to regulation 7 of these Regulations;
“wholesale delivery” means delivery from a producer to a purchaser; and
“wholesale quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser from a holding in a quota year without the producer in occupation of that holding being liable to pay levy.
Relevant competent authority
3
In relation to a producer, a purchaser or any other relevant person, the relevant competent authority shall be the competent authority in the territory in which the trading address, or where there is more than one such address, the principal trading address, of that producer, purchaser or other relevant person is situated at the relevant date.
National reserve
4
There shall continue to be a national reserve comprising such wholesale and direct sales quota as is not for the time being allocated to any person, including any quota withdrawn from any producer.
Powers of authorised officers
5
1
An authorised officer may, at all reasonable hours and on producing some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of ascertaining whether —
a
a relevant person has acted, or is acting, in accordance with the Community legislation; or
b
a relevant offence has been, or is being, committed.
2
For the purposes of this regulation, an authorised officer may enter upon a holding or any other premises of a relevant person.
3
An authorised officer who has entered upon a holding or any other premises of a relevant person by virtue of this regulation may —
a
inspect any —
i
land, other than land used only as a dwelling;
ii
apparatus; or
iii
record or document, including any document kept by means of a computer, which relates to the allocation or transfer of quota or the trade in, or production of milk or milk products,
and
b
seize and retain any such apparatus or record or document which he has reason to believe may be required as evidence in any relevant proceedings.
4
A relevant person shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in paragraph (1) above and in particular shall produce any such record or document and supply such additional information relating to the allocation to him of quota, the transfer to or from him of quota and the trade in, or production of, milk or milk products, as the authorised officer may reasonably require.
5
In the case of a record or document kept by means of a computer, a relevant person shall, if so required, provide any such record or document in a form in which it may be taken away.
Offences and penalties
6
Any person who —
a
intentionally obstructs an authorised officer acting in exercise of the powers conferred on him by regulation 5(1), (2) or (3) of these Regulations; or
b
fails without reasonable excuse to comply with a requirement of an authorised officer made pursuant to regulation 5(4) or (5) thereof,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Dairy Produce Quota Tribunals
7
1
For the purpose of resolving any dispute between a producer and a relevant competent authority in relation to the allocation of quota, there shall be re-constituted —
a
a Dairy Produce Quota Tribunal for England and Wales, which shall have jurisdiction where that relevant competent authority is either the Secretary of State for Environment, Food and Rural Affairs or the National Assembly for Wales;
b
a Dairy Produce Quota Tribunal for Scotland, which shall have jurisdiction where that relevant competent authority is the Scottish Ministers; and
c
a Dairy Produce Quota Tribunal for Northern Ireland, which shall have jurisdiction where that relevant competent authority is the Department of Agriculture and Rural Development.
2
The provisions of the Schedule to these Regulations shall apply in respect of the constitution, appointment of members, remuneration of members, staffing and procedure of each Tribunal.
Whitty
Parliamentary Under-Secretary,
Department for Environment, Food and Rural Affairs
1st March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
Amendments to the Regulations
2
The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 are amended as follows —
a
In regulation 2 (meaning of full-time worker, part-time worker and comparable full-time worker), for paragraph 3 substitute —
3
For the purposes of paragraphs (1), (2) and (4), the following shall be regarded as being employed under different types of contract —
a
employees employed under a contract that is not a contract of apprenticeship;
b
employees employed under a contract of apprenticeship;
c
workers who are not employees;
d
any other description of worker that it is reasonable for the employer to treat differently from other workers on the ground that workers of that description have a different type of contract.
.
b
In regulation 8 (complaints to employment tribunals etc. ) —
i
omit paragraph (8); and
ii
in paragraph (9), omit the words “(subject to paragraph (8))”.
Signed by Authority of the Secretary of State.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,Department of Trade and Industry
30th July 2002


text:
Name, commencement and interpretation
1
1
This Order is called the County of Gwynedd (Electoral Changes) Order 2002.
2
This Order will come into force —
a
for the purposes of proceedings, preliminary or relating to any election to be held on the 6th May 2004, on the 9th October 2003, and
b
for all other purposes, on 6th May 2004.
3
In this Order —
“the Act” (“ y Ddeddf ”) means the Local Government Act 1972;
“electoral division” (“ adran etholiadol ”) means an electoral division of the County of Gwynedd constituted by the County of Caernarfonshire and Merionethshire Electoral Arrangements Order 1994 ;
Electoral Divisions
2
1
The existing electoral divisions of the County of Gwynedd specified in the Schedule to the County of Gwynedd Electoral Arrangements Order 1994 are abolished.
2
For the purposes of the elections of councillors for the County of Gwynedd, that County shall be divided into 71 electoral divisions bearing the names specified in column (1) of the Schedule to this order, and each such electoral division shall comprise the area specified in column (2) of that Schedule.
3
The number of councillors to be returned for each such electoral division shall be the number specified in relation to the division in column (3) of the Schedule to this order.
Register of Local Government Electors
3
The registration officer shall make such re-arrangements or adaptation of the register of local government electors as may be necessary due to the coming into force of this order.
Signed on behalf of the National Assembly for Wales
E. Hart
Minister for Local Government, Finance and Communities
6th December 2002


text:
Citation and commencement
1
These Regulations may be cited as the M11 Motorway (Junction 8) (Speed Limit) Regulations 2002 and shall come into force on 20th December 2002.
Imposition of speed limit
2
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of motorway specified in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
27th November 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Animal By-Products (Identification) (Amendment) (England) Regulations 2002; they extend to England only and come into force on 15th July 2002.
Amendments to the Animal By-Products (Identification) Regulations 1995
2
1
In so far as they extend to England, the Animal By-Products (Identification) Regulations 1995 are amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “animal by-products premises”, the words “ cold store, cutting premises,” are inserted before the word “slaughterhouse ”;
b
the following definitions are inserted between the definition of “carcase ” and the definition of “enforcement authority” —
“cold store” means any premises licensed as such under the Hygiene Regulations;
“cutting premises” means any premises licensed as such under the Hygiene Regulations;
;
c
in the definition of “game processing facility”, the words “cold store, cutting premises or” are inserted before the word “slaughterhouse ”;
d
in the definition of “occupier”, the words “cold store, cutting premises,” are inserted before the word “slaughterhouse”;
e
the following definition is inserted between the definition of “scientific purposes” and the definition of “specified bovine offal” —
“slaughterhouse” means any premises licensed as such under the Hygiene Regulations;
; and
f
the following definition is substituted for the definition of “stained ” —
“stained” means treated with a solution of the colouring agent Black PN or Brilliant Black BN (E151, Colour Index 197 No. 28440) , which solution is of such a strength that the colouring on the animal by-product is clearly visible; and in this definition, “treated” means —
that the solution has been applied to the whole surface of the animal by-product, whether by immersing the animal by-product in the solution, spraying the animal by-product with the solution or applying the solution to the animal by-product by any other equally effective means;
in the case of an animal by-product not falling within paragraph (c) below and weighing not less than 25 kg , that the solution has been so applied after the surface of the animal by-product has been opened by multiple and deep incisions; and
in the case of an animal by-product comprising an entire poultry carcase, whether or not it has been eviscerated or defeathered, that the solution has been so applied after the surface of the carcase has been opened by multiple and deep incisions.
.
3
The following paragraph is substituted for regulation 4 (scope) —
Scope
4
Nothing in these Regulations shall —
a
require the sterilisation or staining, or affect the disposal or other treatment, of an entire carcase, except an entire poultry carcase which is dead on arrival at a slaughterhouse or which is rejected following pre-slaughter or post-mortem health inspections carried out at a slaughterhouse in accordance with the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
b
affect the operation of any order made, or having effect, under the Animal Health Act 1981 .
.
4
The following sub-paragraph is substituted for sub-paragraph (a) of paragraph 2 of regulation 5 (exemptions) —
a
poultry heads and feet which —
i
have been subjected to a post-mortem veterinary inspection, and
ii
during the course of the inspection did not show gross pathological lesions indicating disease communicable to man or animals;
.
5
In paragraph (2)(c) of regulation 5, the words “cold store, cutting premises,” are inserted before the word “slaughterhouse”.
6
The following regulation is substituted for regulation 6 (sterilisation and staining of animal by-products in slaughterhouses or game processing facilities) —
Sterilisation and staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses
6
1
Subject to paragraph (2) below, it shall be the duty of the occupier of any cold store, cutting premises, game processing facility or slaughterhouse to ensure that any animal by-product is sterilised or stained without undue delay.
2
The duty imposed by paragraph (1) above shall not apply in relation to any animal by-product —
a
which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation and bearing a notice that its contents are to be sterilised on the premises, and which is then sterilised there;
b
which —
i
(in the case of an animal by-product other than a poultry by-product) is immediately moved to accommodation in the relevant cutting premises, game processing facility or slaughterhouse and placed in a receptacle as mentioned in paragraph 1(h) of Schedule 2, paragraph 1(c) of Schedule 3, paragraph 1(g) of Part I of Schedule 5, paragraph 1(s) of Part II of Schedule 6 or paragraph 1(p) of Part III of Schedule 6 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 , and which is stained there, or
ii
(in the case of a poultry by-product) is immediately moved to accommodation in the relevant cold store, cutting premises or slaughterhouse and placed in a container as mentioned in paragraph 4(d) of Schedule 1 or paragraph 4(c) of Part I of Schedule 5 to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995, and which is stained there; or
c
which is intended to be removed from the relevant cold store, cutting premises, game processing facility or slaughterhouse in accordance with regulation 10(2), and which is placed in a room and in a receptacle designed for the purpose of holding animal by-products awaiting sterilisation.
3
The occupier of any cold store, cutting premises, game processing facility or slaughterhouse shall ensure that any animal by-product which is placed in a receptacle or container in accordance with paragraph (2)(a) or (b) above is sterilised or, as the case may be, stained, and removed from the relevant cold store, cutting premises, game processing facility or slaughterhouse as soon as is reasonably practicable.
4
The occupier of any cold store, cutting premises, game processing facility or slaughterhouse shall ensure that any animal by-product which is placed in a receptacle in accordance with paragraph (2)(c) above is removed from the relevant cold store, cutting premises, game processing facility or slaughterhouse as soon as is reasonably practicable.
.
7
The following regulation is substituted for regulation 8 (freezing of animal by-products in any slaughterhouse, game processing facility or animal by-products premises) —
Freezing of animal by-products in any animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse
8
1
Subject to paragraph (2) below, no person shall freeze any animal by-product in any animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse unless it has been sterilised or stained in accordance with these Regulations.
2
Paragraph (1) above shall not apply in the case of any animal by-product which is intended to be removed from the relevant animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse in accordance with regulation 10(2).
.
8
The following regulation is substituted for regulation 9 (storage and packaging of animal by-products) —
Storage and packaging of animal by-products
9
1
Subject to paragraph (2) below, no person shall store any unsterilised animal by-product in the same room as any product which is intended for human consumption.
2
The prohibition contained in paragraph (1) above shall not apply in relation to —
a
an animal by-product, other than a poultry by-product, which is stored and dealt with in accordance with paragraph 1(h) of Schedule 2, paragraph 1(c) of Schedule 3, paragraph 1(g) of Part I of Schedule 5, paragraph 1(s) of Part II of Schedule 6 or paragraph 1(p) of Part III of Schedule 6 to the Fresh Meat (Hygiene and Inspection) Regulations 1995; or
b
a poultry by-product which is stored and dealt with in accordance with paragraph 4(d) of Schedule 1 or paragraph 4(c) of Part I of Schedule 5 to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995.
3
No person shall store in any part of any cold store, cutting premises, game processing facility or slaughterhouse any unsterilised animal by-product unless it is placed in a receptacle on which is affixed a conspicuously visible and legible notice containing the declaration “Not intended for human consumption ” in letters at least two cm high, the name of the packer and the address at which the animal by-product was packed or, in the case of any imported animal by-product, the name of the country from which it was imported into Great Britain and —
a
(in the case of any animal by-product that is high risk material as defined in article 3(1) of the Animal By-Products Order 1999 ) there is affixed to the receptacle a conspicuously visible and legible notice containing the declaration “High risk animal by-product” in letters at least two cm high; and
b
(in the case of any animal by-product that is low risk material as defined in article 3(1) of the Animal By-Products Order 1999) there is affixed to the receptacle a conspicuously visible and legible notice containing the declaration “ Low risk animal by-product” in letters at least two cm high.
.
9
The following regulation is substituted for regulation 10 (restriction on movement of animal by-products) —
Restriction on movement of animal by-products
10
1
Subject to paragraph (2) below, no person shall move or cause to be moved any animal by-product from any animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse unless it has been sterilised or stained in accordance with these Regulations.
2
The prohibition contained in paragraph (1) above shall not apply in relation to any animal by-product which has not been sterilised or stained in accordance with these Regulations because of a permanent or temporary closure of the relevant animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse, a breakdown of the machinery installed there or a trade dispute, and which is moved, under the supervision of an authorised officer of the enforcement authority, to other premises for incineration or burial in accordance with the provisions of the Animal By-Products Order 1999.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th June 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Summerlee Tramcar No. 392) Exemption Order 2002 and shall come into force on 15th December 2002.
Interpretation
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 , and expressions used in those Regulations shall have the same meaning in this Order as they do in those Regulations.
Application
3
This Order applies to the vehicle known as the Summerlee Tramcar number 392 (“the exempted vehicle”) as owned by the Summerlee Transport Group and operated by North Lanarkshire Council in the Summerlee Heritage Park in Glasgow.
Exemption
4
1
Subject to articles 5 to 7 the exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4;
b
regulation 6(1)(c);
c
regulation 6(1)(d);
d
regulation 6(1)(e);
e
regulation 11(1)(a);
f
regulation 11(2)(a);
g
regulation 11(3)(a);
h
regulation 11(3)(d);
i
regulation 13;
j
regulation 16(1)(b);
k
regulation 16(1)(c);
l
regulation 16(1)(d);
m
regulation 16(1)(e);
n
regulation 18;
o
regulation 19(1);
p
regulation 19(5); and
q
regulation 23(4)(g).
Conditions
5
It is a condition of the exemption given by article 4(2)(k) in respect of regulation 16(1)(c) that restraints are fitted to the floor of the exempted vehicle in the wheelchair space to prevent a reference wheelchair from moving or tipping whilst the vehicle is in operation.
6
It is a condition of the exemption given by article 4(2)(q) in respect of regulation 23(4)(g) that the operator shall ensure that the person authorised to operate the lift in accordance with regulation 23(4)(h) is positioned and equipped so as to be able to stop the movement of the lift-platform if it comes into contact with any thing or person whilst it is in motion.
7
The authorisation granted by article 4(1) shall cease forthwith if the exempted vehicle is —
a
operated by a person other than the North Lanarkshire Council; or
b
operated in a place other than the Summerlee Heritage Park in Glasgow,
unless the Secretary of State has been given written notice in advance specifying the name and address of that other person or place.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
20th November 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (District of Eden) Order 2002 and shall come into force on 20th January 2003.
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 Eden with the exception of the following roads:
a
the M6 motorway for the whole of its length in the district including its on and off slip roads;
b
the A66 trunk road for the whole of its length in the district.
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
3rd October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon and Surrey Downs 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 Croydon and Surrey Downs Community National Health Service Trust ;
“the new Trust” means the Mayday Healthcare 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 26th November 2001 and on behalf of the new Trust on 27th November 2001.
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:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 and shall come into force on 28th May 2002.
2
In this Order —
a
“the 1920 Act ” means the Maintenance Orders (Facilities for Enforcement) Act 1920 ;
b
“the 1972 Act ” means the Maintenance Orders (Reciprocal Enforcement) Act 1972;
c
“column (1)” and “column (2)” mean respectively columns (1) and (2) of the Schedule to this Order.
3
The Country and the territory specified in column (1) is hereby designated as a reciprocating country for the purposes of Part I of the 1972 Act as regards maintenance orders of the description specified in respect of that Country or that territory in column (2).
4
1
In this Article —
a
“commencement date” means the date on which this Order comes into force;
b
“registered” means registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of the 1920 Act;
c
“relevant maintenance order” means an order, other than an order of affiliation, for the periodic payments of sums of money.
2
Paragraph (3) shall apply if —
a
a relevant maintenance order is transmitted under section 2 or 3 of the 1920 Act to the Country or the territory specified in column (1); and
b
immediately before the commencement date the 1920 Act applied to that order.
3
Where this paragraph applies, sections 5, 12 to 15, 17, 18 and 21 of the 1972 Act shall apply in relation to a relevant maintenance order referred to in paragraph (1), as they apply in relation to a maintenance order of the same description —
a
sent to the Country or territory specified in column (1) pursuant to section 2 of the 1972 Act;
b
made under section 3 or 4 of the 1972 Act; and
c
confirmed by a competent court in that Country or territory.
4
Paragraph (5) shall apply if —
a
a relevant maintenance order is transmitted under section 2 or 3 of the 1920 Act to the Country or territory specified in column (1); and
b
immediately before the commencement date —
i
the 1920 Act applied to that order; and
ii
the order was not registered.
5
Where this paragraph applies, sections 8 to 21 of the 1972 Act shall apply in relation to a relevant maintenance order referred to under paragraph (1), as they apply in relation to a maintenance order of the same description made under the 1972 Act which is so registered.
6
Paragraph (7) shall apply if —
a
a relevant maintenance order has been confirmed by a court in England, Wales or Northern Ireland under section 4 of the 1920 Act; and
b
is in force immediately before the commencement date.
7
Where this paragraph applies, a relevant maintenance order as referred to under paragraph (1) shall be registered under section 7(5) of the 1972 Act in the same manner as if it had been confirmed by that court in England, Wales or Northern Ireland under subsection (2) of that section.
8
Any proceedings brought under or by virtue of any provision of the 1920 Act in a court in England, Wales or Northern Ireland which are pending immediately before the commencement date, being proceedings affecting a person resident in the Country or territory specified in column (1), shall be continued as if they had been brought under or by virtue of the corresponding provision of the 1972 Act.
A. K. Galloway
Clerk of the Privy Council