text:
1
This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Commencement No. 5) Order 2002.
2
Section 121 of the Anti-terrorism, Crime and Security Act 2001 shall come into force on 7th July 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
10th June 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the ABRO Trading Fund Order 2002 and shall come into force on 1st April 2002.
Establishment of the fund
2
As from 1st April 2002, for all the operations of the Ministry of Defence known as ABRO, which operations are more particularly described in Schedule 1 to this Order, there shall be established a trading fund to be known as the ABRO Trading Fund (hereinafter referred to as “the fund”).
Source of Loans
3
The Secretary of State for Defence is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities, reserves and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
Eleven per cent of the amount by which the values of the assets exceed the amounts of the liabilities shall be treated as reserves in the accounts of the fund and shall be maintained as revaluation reserves.
3
Fifty per cent of the balance of —
a
the amount by which the values of the assets exceed the amounts of the liabilities, less
b
the amount to be treated as a revaluation reserve in accordance with paragraph (2) above,
shall be treated as public dividend capital of the fund.
Maximum borrowing etc.
5
The aggregate of the following shall not exceed £300,000,000 —
a
the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the 1973 Act (other than as originating debt), and
b
the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of that Act.
Geoffrey Hoon
Secretary of State for Defence
12th March 2002
We concur
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2002


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2002 and shall come into force on the day after the day on which it is made.
Proscribed organisations
2
The following organisations are hereby added to Schedule 2 to the Terrorism Act 2000 .
Abu Sayyaf Group
Asbat Al-Ansar
Islamic Movement of Uzbekistan
Jemaah Islamiyah.
3
Schedule 2 to the Terrorism Act 2000 shall be amended by adding at the end of the note to the Schedule the words:
The entry for Jemaah Islamiyah refers to the organisation using that name that is based in south-east Asia, members of which were arrested by the Singapore authorities in December 2001 in connection with a plot to attack US and other Western targets in Singapore.
.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
31st October 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of South Cambridgeshire (Electoral Changes) Order 2002.
2
This Order, with the exception of article 6(1) shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Article 6(1) shall come into force on the day after that on which this Order is made.
Interpretation
2
In this Order —
“district” means the district of South Cambridgeshire;
“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 South Cambridgeshire (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 South Cambridgeshire District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of South Cambridgeshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-four 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 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 South Cambridgeshire
4
1
Elections of the councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councilor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Little Wilbraham
5
1
The existing wards of the parish of Little Wilbraham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Little Wilbraham and Six Mile Bottom; and the wards shall comprise the areas designated on sheet 1 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Little Wilbraham parish ward shall be five and for the Six Mile Bottom parish ward shall be two.
Parish Elections
6
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parishes of Caldecote, Kingston, Meldreth, Swavesey and Toft shall be three years.
2
Elections of all parish councillors for the parishes of Caldecote, Kingston, Meldreth, Swavesey and Toft shall be held simultaneously on the ordinary day of election of parish councillors in 2006 and every fourth year after 2006.
3
Elections of all parish councillors for the parishes of Arrington, Croydon, Great Wilbraham, Guilden Morden, Hatley, Hauxton, Little Gransden, Little Shelford, Little Wilbraham, Longstanton, Longstowe, Shingay cum Wendy, Stapleford, Steeple Morden, Stow cum Quy, Thriplow and Whittlesford shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
4
Elections of all parish councillors for the parishes of Babraham, Balsham, Bar Hill, Bassingbourn cum Kneesworth, Bourn, Carlton, Caxton, Cottenham, Croxton, Eltisley, Fulbourn, Gamlingay, Girton, Great Abington, Great Shelford, Hildersham, Landbeach, Linton, Litlington, Little Abington, Melbourn, Oakington, Pampisford, Rampton, Shepreth, Waterbeach, Weston Colville, West Wickham, West Wratting and Willingham shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
5
The ordinary elections of parish councillors for the parishes of Barrington, Barton, and Grantchester in 2006 shall not take place; and any such parish councillor holding office immediately before 8th May 2006 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2007.
6
The ordinary elections of parish councillors for the parishes of Fen Ditton, Harston, Haslingfield, Horningsea, Great and Little Chishill, Great Eversden and Little Eversden, Harlton, Heydon, Histon, Impington, Newton, Sawston and Whaddon in 2007 shall not take place; and any such parish councillor holding office immediately before 7th May 2007 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2008.
7
Elections of all parish councillors for the parishes of Barrington, Barton and Grantchester shall be held simultaneously on the ordinary day of election of parish councillors in 2007 and every fourth year after 2007.
8
Elections of all parish councillors for the parishes of Fen Bitton, Harston, Haslingfield, Horningsea, Great and Little Chishill, Great Eversden and Little Eversden, Harlton, Heydon, Histon, Impington, Newton, Sawston and Whaddon shall be held simultaneously on the ordinary day of election of parish councillors in 2008 and every fourth year after 2008.
9
The term of office of parish councillors elected in accordance with any of paragraphs (2), (3), (4), (7) and (8) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
10
Rule 8 of the Local Elections (Parishes and Communties) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occuring before 7th May 2007 in the office of a parish councillor for the parishes of Barrington, Barton and Grantchester as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2006; and in the case of a casual vacancy occurring before 6th May 2008 in the office of a parish councillor for the parishes of Ditton, Harston, Haslingfield, Horningsea, Great and Little Chishill, Great Eversden and Little Eversden, Harlton, Heydon, Histon, Impington, Newton, Sawston and Whaddon Grantchester as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 7th May 2007.
Maps
7
South Cambridgeshire District Council shall make a print of the map marked “Map referred to in the District of South Cambridgeshire (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 South Cambridgeshire (Electoral Arrangements) Order 1975 is revoked, save for articles 5 and 6.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th September 2002
Glyn Mathias
Commissioner
11th September 2002
Neil McIntosh
Commissioner
11th September 2002
Karamjit Singh
Commissioner
11th September 2002
Sam Younger
Commissioner
11th September 2002
Graham Zellick
Commissioner
11th September 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002 and shall come into force on 1st November 2002.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“accrediting authority” means, in relation to a service provider , the Primary Care Trust which is responsible, in accordance with regulation 4(3) and (4), for determining its application for approval;
“accredited service provider” means a relevant service provider which is approved in accordance with these Regulations to provide out of hours services in a specified area;
“assessing authority” has the meaning given to it by regulation 4(5);
“existing service provider” means —
a relevant service provider with which a doctor has an out of hours arrangement, which has been approved in accordance with paragraph 18A(9) of Schedule 2 to the General Medical Services Regulations ; or
a relevant service provider which has an arrangement in connection with a pilot scheme under which personal medical services are performed outside the normal hours, otherwise than by the doctors named in the pilot scheme agreement as primarily responsible for the performance of those services;
“General Medical Services Regulations” means the National Health Service (General Medical Services) Regulations 1992 ;
“National Health Service Counter Fraud Service” means the service established by the Secretary of State to deal with inquiries and investigations relating to any allegation of fraud or corruption in the health service;
“necessary quality standards” means the standards set out in the document entitled “Quality Standards in the Delivery of GP Out of Hours Services” published on 20th June 2002 ;
“normal hours” means those days and hours specified in a pilot scheme agreement as being those days on which, and times at which, a doctor will normally be available to perform personal medical services;
“out of hours arrangement” means an arrangement under paragraph 18A(2) of Schedule 2 to the General Medical Services Regulations;
“pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme under section 1(1) of the 1997 Act;
“relevant service provider” means any service provider except —
an individual medical practitioner; or
a group of medical practitioners, whether in partnership or not, who provide out of hours services for each other under informal rota arrangements;
“specified area” means —
in relation to a relevant service provider, the geographical area in England for which it seeks approval, or
in relation to an accredited service provider, the geographical area in England for which it is approved,
to provide out of hours services.
Meaning of out of hours period
3
1
The “out of hours period” has the meaning given to it in paragraphs (2) and (3).
2
In relation to the provision of general medical services under arrangements under section 29 of the 1977 Act, the “out of hours period” means —
a
the period beginning at 7pm on any day from Monday to Friday and ending at 8am on the following day;
b
the period between 1pm on Saturday and 8am on the following Monday; and
c
Good Friday, Christmas Day and bank holidays.
3
In relation to the provision of personal medical services under a pilot scheme agreement, the “out of hours period” means any period which does not fall within the normal hours.
Application for approval
4
1
A relevant service provider shall make a written application for approval to any Primary Care Trust in whose area it proposes to provide out of hours services.
2
The application shall include the information and undertakings set out in the Schedule.
3
Where the specified area is entirely within the area of the Primary Care Trust to which the application is made, that Primary Care Trust shall be the accrediting authority.
4
Where the specified area includes the area of any other Primary Care Trust, the Primary Care Trust to which the application is made shall —
a
notify any other Primary Care Trust whose area is included in the specified area of the application; and
b
after consultation with any such Primary Care Trust, determine which Primary Care Trust shall be the accrediting authority.
5
The accrediting authority shall arrange with a Primary Care Trust whose area is not included in any part of the specified area (“the assessing authority”), for that Primary Care Trust to assess the application.
6
The relevant service provider shall provide the accrediting authority and the assessing authority with any further information they may reasonably require in relation to the application.
7
The assessing authority shall —
a
visit the relevant service provider and make such other enquiries as it considers necessary in order to assess the application;
b
prepare a written report on the application and forward it to the relevant service provider;
c
invite the relevant service provider to make written representations on the report within 28 days of receipt of the report; and
d
having considered any such representations, recommend to the accrediting authority whether or not approval should be granted, and if it recommends approval, whether approval should be granted —
i
under regulation 5(1)(a)(i) or (ii) or, as the case may be, (1)(b);
ii
in relation to the whole of the specified area or any part of it.
8
The accrediting authority shall, taking into account the recommendation of the assessing authority, approve the application in accordance with regulation 5 or refuse it in accordance with regulation 6.
Approval
5
1
The accrediting authority shall approve the relevant service provider to provide out of hours services if it is satisfied —
a
in the case of an existing service provider —
i
that it meets the necessary quality standards; or
ii
in relation to any respect in which it is not meeting the necessary quality standards, that its proposals to do so are realistic and achievable;
b
in any other case, that the relevant service provider has the capacity to provide the service, and that its proposals to meet the necessary quality standards are realistic and achievable.
2
In approving the application, the accrediting authority shall also specify the geographical area in respect of which approval is granted.
3
If approval is granted under paragraph (1)(a)(i), it shall be for a period of up to three years, beginning with the date on which the decision to approve is notified to the relevant service provider.
4
If approval is granted under paragraph (1)(a)(ii) or (1)(b), it shall be for a period of up to twelve months beginning with the date on which the decision to approve is notified to the relevant service provider.
5
At the end of any period of approval granted under paragraph (4), the accrediting authority shall if it is satisfied that the relevant service provider is meeting the necessary quality standards, approve the relevant service provider for a period of three years, beginning with the date on which the decision under this paragraph is notified to the relevant service provider.
Grounds for refusal
6
1
An accrediting authority may refuse an application if it is satisfied that a relevant service provider —
a
does not have the capacity to provide the service; or
b
does not meet the necessary quality standards and has not made satisfactory proposals to address the shortcomings.
2
When refusing an application, the accrediting authority shall notify the relevant service provider —
a
of its decision and the reasons for it (including any facts relied upon);
b
of its right of appeal under regulation 10; and
c
that it has 28 days from the date of the decision in which to appeal, and how to do so.
Requirements with which an accredited service provider must comply
7
1
An accredited service provider shall comply with any reasonable request from the accrediting authority or the assessing authority for information about its provision of out of hours services.
2
An accredited service provider shall, on receipt of a written request from the assessing authority admit at all reasonable times for the purposes of assessing its provision of out of hours services a person authorised by the assessing authority for the purpose.
3
An accredited service provider shall comply with the undertakings set out in the Schedule.
4
An accredited service provider shall provide a report on its compliance with the necessary quality standards to —
a
the accrediting authority;
b
any other Primary Care Trust whose area is included in the specified area.
5
The report referred to in paragraph (4) shall be provided at such intervals as the accrediting authority may require, but in any case at least —
a
quarterly, where the accredited service provider is approved for a period of three years; and
b
monthly, where the accredited service provider is approved for a period of up to twelve months.
Withdrawal of accreditation
8
1
Subject to paragraphs (2) and (3), an accrediting authority may withdraw the approval of an accredited service provider if —
a
the accredited service provider has persistently failed to meet any of the necessary quality standards;
b
the accredited service provider has failed to comply with any requirement of regulation 7; or
c
the accrediting authority considers that it is necessary to do so for the protection of members of the public or is otherwise necessary in the public interest.
2
Where an accrediting authority is considering withdrawing approval from an accredited service provider under paragraph (1), it shall —
a
give the accredited service provider notice in writing of its intention to withdraw approval and specifying, in a case to which paragraph (1)(a) applies, the respects in which the necessary quality standards are not being met;
b
inform the accredited service provider that it may within 28 days of the date of the notice, make written representations to the accrediting authority, to include, in a case to which paragraph (1)(a) applies, its proposals to address its shortcomings; and
c
inform the accredited service provider that it may request an oral hearing before the accrediting authority within the 28 day period mentioned in sub-paragraph (b).
3
In a case where paragraph (1)(a) applies, if, in the opinion of the accrediting authority any proposals provided in accordance with paragraph (2)(b), would, if implemented, rectify the shortcomings, the accrediting authority shall not withdraw approval for a period of six months, beginning with the date on which it notifies the accredited service provider that its proposals are accepted.
4
If no representations are received within the period specified in paragraph (2)(b), the accrediting authority shall notify the accredited service provider of its decision and the reasons for it (including any facts relied upon).
5
Subject to paragraph (6), if any representations are received in accordance with paragraph (2)(b), the accrediting authority must take them into account in reaching its decision, and shall then notify the service provider of its decision and the reasons for it (including any facts relied upon).
6
If the accredited service provider requests an oral hearing —
a
the hearing must take place before the accrediting authority reaches its decision; and
b
the accrediting authority must then notify the accredited service provider of its decision, and the reasons for it (including any facts relied upon).
7
When an accrediting authority notifies an accredited service provider of any decision under paragraph (4), (5) or (6), it shall also notify it —
a
of its right of appeal under regulation 10; and
b
that it has 28 days from the date of the decision in which to appeal, and how to do so.
Suspension of approval
9
1
Subject to paragraph (7), if an accrediting authority is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, it may suspend the approval of an accredited service provider —
a
while it decides whether or not to exercise its powers under regulation 8(1)(c) to withdraw approval;
b
where it has decided to withdraw approval under regulation 8(1)(c), but before that decision takes effect; or
c
pending an appeal of a decision under regulation 8(1)(c).
2
In a case falling within paragraph (1)(a), the accrediting authority must specify a period, which shall not exceed six months, as the period of suspension.
3
In a case falling within paragraph (1)(b) or (c), the suspension has effect until the expiry of any appeal period or, if the accredited service provider appeals under regulation 10, until the appeal has been disposed of.
4
Subject to paragraph (7), the accrediting authority may extend a period of suspension in a case falling within paragraph (1)(a), so long as the total period of suspension does not exceed six months.
5
The effect of suspension is that the accredited service provider is treated as not being an accredited service provider.
6
The accrediting authority may at any time revoke the suspension, and if it does so shall without delay inform the accredited service provider of its decision.
7
Where an accrediting authority is considering suspending the approval of an accredited service provider under paragraph (1), or extending a period of suspension under paragraph (4), it shall —
a
give the accredited service provider written notice of its intention to suspend its approval, and of the grounds of the proposed suspension; and
b
give the accredited service provider at least 24 hours written notice of the date and time of an oral hearing at which it may, if it wishes, make representations to the accrediting authority.
8
If the accredited service provider does not wish to have an oral hearing or does not attend the oral hearing, the accrediting authority shall notify the accredited service provider of its decision and the reasons for it (including any facts relied upon), and may suspend the approval with immediate effect.
9
If an oral hearing does take place, the accrediting authority shall take into account any representations made by the accredited service provider before it reaches its decision, and shall then notify the accredited service provider of its decision and the reasons for it (including any facts relied upon).
10
The accrediting authority may suspend the approval of the accredited service provider with immediate effect following an oral hearing.
Appeal
10
1
A service provider or an accredited service provider (as the case may be) may appeal to the FHSAA against a decision mentioned in paragraph (2) by giving notice in writing to the FHSAA.
2
The decisions in question are —
a
a decision to refuse an application under regulation 6; and
b
a decision to withdraw the approval of an accredited service provider under regulation 8.
3
The appeal shall be by way of a redetermination of the accrediting authority’s decision.
4
On appeal the FHSAA may make any decision which the Primary Care Trust could have made.
Notification
11
1
Where an accrediting authority —
a
refuses to approve a relevant service provider under regulation 6;
b
withdraws approval under regulation 8; or
c
suspends approval under regulation 9,
it shall notify the persons and bodies specified in paragraph (2) of the matters set out in paragraph (3).
2
The persons and bodies specified for the purposes of paragraph (1) are —
a
the Secretary of State;
b
any Primary Care Trust whose area is included in the specified area;
c
any medical practitioner or party to a pilot scheme agreement who, to the knowledge of the Primary Care Trust, has made arrangements for the provision of out of hours services with the accredited service provider;
d
the local medical committee, being a committee recognised under section 44 of the 1977 Act as being representative of doctors in the area;
e
in a fraud case, the National Health Service Counter Fraud Service.
3
The matters referred to in paragraph (1) are —
a
the name and address of the relevant service provider or accredited service provider;
b
the date of, and a copy of the decision of the accrediting authority;
c
the name of an individual who may be contacted for further information.
4
The accrediting authority may also notify any person or body which it is satisfied is considering making arrangements with the relevant service provider for the provision of out of hours services or otherwise has a proper interest in receiving the information, of the matters set out in paragraph (3).
5
Where a decision is changed following an appeal under regulation 10, the accrediting authority shall notify the persons or bodies that were notified of the original decision of the later decision.
Amendment of paragraph 18A of Schedule 2 to the General Medical Services Regulations
12
1
In Schedule 2 (terms of service) to the General Medical Services Regulations, paragraph 18A shall be amended in accordance with the followng provisions.
2
In sub-paragraph (1) —
a
before sub-paragraph (1)(a), insert —
za
“accredited service provider” and “necessary quality standards” have the meaning given to them by regulation 2 of the Out of Hours Regulations ;
zb
“Out of Hours Regulations” means the National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002 ;
;
b
in sub-paragraph (1)(c), at the end, add “referred to in sub-paragraph (2)(b).”.
3
For sub-paragraph (2) substitute —
2
Subject to the provisions of this paragraph, a doctor may, with the approval of the Primary Care Trust, make an arrangement to transfer his obligations under the terms of service during part or all of the out of hours period to —
a
an accredited service provider; or
b
a doctor who is included in the medical list.
2A
An arrangement referred to in sub-paragraph (2)(a) shall —
a
terminate if the approval of the accredited service provider is withdrawn under regulation 8 of the Out of Hours Regulations; or
b
be suspended if the approval of the accredited service provider is suspended under regulation 9 of the Out of Hours Regulations.
2B
Where an arrangement terminates or is suspended in accordance with sub-paragraph (2A), the provisions of paragraphs 18B and 18C shall not apply.
2C
An arrangement referred to in sub-paragraph (2A)(b) shall terminate if the doctor with whom it is made ceases to be included in a medical list.
.
4
In sub-paragraph (3), after “transferee doctors” insert “or accredited service providers”.
5
In sub-paragraph (6), after “on an obstetric list” add “, or the accredited service provider undertakes to provide a doctor who is on an obstetric list”.
6
In sub-paragraph (7) —
a
after sub-paragraph (7)(a) insert —
aa
the name and address of the accredited service provider;
;
b
in sub-paragraphs (c), (d) and (g), after each time that the words “transferee doctor” appear insert “or accredited service provider”.
7
In sub-paragraph (9) —
a
before sub-paragraph (9)(a) insert —
za
having regard to the overall provision of out of hours services in its area, that the arrangement is reasonable and will contribute to the efficient provision of such services in the area;
;
b
after sub-paragraph (9)(b) insert —
bb
that any arrangement referred to in sub-paragraph (2)(b) will be of an equivalent standard to an arrangement referred to in sub-paragraph (2)(a);
bc
that in the case of an arrangement referred to in sub-paragraph (2)(a), the practice premises are within the geographical area in respect of which approval is given under regulation 5 of the Out of Hours Regulations;
.
8
In each of sub-paragraphs (14) and (15), after the words “has approved an out of hours arrangement” insert “with a transferee doctor”.
Further amendment of Schedule 2 to the General Medical Services Regulations
13
1
Schedule 2 (terms of service) to the General Medical Services Regulations shall be further amended in accordance with the following provisions.
2
In paragraph 18B, in sub-paragraph (1) for “sub-paragraphs (a) to (d)” substitute “sub-paragraphs (za) to (d)”.
3
In paragraph 20(1) —
a
omit sub-paragraph (b); and
b
in sub-paragraph (c), omit the words “or such an organisation”.
4
Paragraph 22 (organisations providing deputy doctors) shall be omitted.
Transitory provision
14
These Regulations and the General Medical Services Regulations shall apply to any relevant service provider which on or before 1 December 2002 makes an application for approval in accordance with regulation 4, as if that service provider were an accredited service provider in respect of the area specified in its application, until —
a
the date on which the application is approved under regulation 5; or
b
if the application is refused under regulation 6, the time allowed for any appeal has expired and no appeal has been submitted, or, where an appeal has been submitted, it has been determined by the FHSAA.
Prescribed functions of Primary Care Trusts and Strategic Health Authorities
15
1
Each Primary Care Trust shall have the function of co-ordinating and facilitating the effective provision of out of hours general medical services in its area.
2
Each Strategic Health Authority shall have the function of co-ordinating and facilitating the effective provision of personal medical services provided out of hours in connection with pilot scheme agreements in its area.
Amendment of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
16
1
The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 shall be amended as follows.
2
In regulation 4 (functions relating to pilot schemes), in sub-paragraph (5)(b) —
a
at the end of sub-paragraph (i), the word “and” is omitted; and
b
at the end of sub-paragraph (ii), add —
; and
the National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002 , regulation 15 (prescribed functions of Primary Care Trusts and Strategic Health Authorities).
.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
9th October 2002.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham 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 Rotherham Health Authority ;
“the new Trust” means the Rotherham General Hospital’s 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 6th February 2002 and on behalf of the new Trust on 7th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) Regulations 2002 and shall come into force on 27th March 2002.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
“the EC Regulation ” means Council Regulation (EC) No. 310/2002 of 18th February 2002 concerning, certain restrictive measures in respect of Zimbabwe .
Breaches of the EC Regulation
2
1
Any person who —
a
without reasonable excuse commits a breach of Article 2(1) of the EC Regulation;
b
commits a breach of Article 2(2) of the EC Regulation; or
c
commits a breach of Article 9, in so far as it relates to Article 2, of the EC Regulation,
shall be guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 3(1) of the EC Regulation;
b
uses information in breach of Article 3(2) of the EC Regulation; or
c
without reasonable excuse fails to comply with the final paragraph of Article 4,
shall be guilty of an offence.
Requests for authorisations etc
3
Any person who, in connection with a request for an authorisation pursuant to Article 5(1) of the EC Regulation —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
shall be guilty of an offence.
Information
4
The Schedule to these Regulations shall have effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or 3 above or paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2) above or paragraph 2(a) or 3(2) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sandwell and West Birmingham Hospitals National Health Service Trust (Establishment) and the City Hospital National Health Service Trust and the Sandwell Healthcare National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sandwell and West Birmingham Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the Sandwell and West Birmingham Hospitals National Health Service Trust.
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, for the purposes of the health service at or from Sandwell General Hospital, Lyndon, West Bromwich, West Midlands, B71 4HJ and City Hospital, Dudley Road, Birmingham, B18 7QH
and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
1
The City Hospital National Health Service Trust established by the City Hospital National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is revoked.
2
The Sandwell Healthcare National Health Service Trust established by the Sandwell Healthcare National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Long Residential Tenancies (Principal Forms) (Amendment) (England) Regulations 2002 and shall come into force on 30th September 2002.
2
These Regulations extend to England only.
Amendment
2
1
Forms 1 and 2 in the Schedule to the Long Residential Tenancies (Principal Forms) Regulations 1997 are amended as follows.
2
For notes 2 and 3 at the end of each form, substitute —
Note 2: Schedule 10 to the Local Government and Housing Act 1989 provides that a tenant of residential property under a long residential tenancy has a right, at the end of the original term of the tenancy, to continue as a tenant on the same terms as before unless the landlord ends the tenancy in accordance with the provisions of that Act. But see also Note 3.
Note 3: In certain circumstances, Schedule 10 does not apply and the landlord can end your tenancy by giving notice in accordance with the ordinary requirements of the law. These circumstances include cases where:
you pay more than a low rent (see paragraph 2(4) and (5) of Schedule 10) unless the property is a house and the tenancy has been extended under section 14 of the Leasehold Reform Act 1967, in which case Schedule 10 applies regardless of whether a low rent is being paid;
the property has a high rateable value (see paragraph 2 of Schedule 1 to the Housing Act 1988, unless the long tenancy was granted after 31st March 1990, in which case paragraph 1(2A) of Schedule 10 applies);
the tenancy does not meet certain requirements for the existence of an assured tenancy set out in Part 1 of Schedule 1 to the Housing Act 1988 — for instance because the landlord is the Crown, a local authority or another exempt landlord;
the property is a flat whose lease was extended under Chapter 2 of Part 1 of the Leasehold Reform Housing and Urban Development Act 1993, by virtue of section 59 of that Act.
The above is not intended to give a full account of all the circumstances in which Schedule 10 does not apply. Legal advice should be sought if there is any doubt as to whether Schedule 10 applies in a particular case.
Application
3
Nothing in these Regulations affects the validity of a notice served before the coming into force of these Regulations.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
29th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 2002 and shall come into force on 21st November 2002.
Interpretation
2
1
In these Regulations —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“ the Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects Great Britain by the European Economic Area Act 1993 ;
“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;
“approved” means approved for the time being in writing;
“approved classification” of a biological agent means the classification of that agent approved by the Health and Safety Commission;
“approved supply list” has the meaning assigned to it in regulation 2(1) of the CHIP Regulations ;
“biological agent” means a micro-organism, cell culture, or human endoparasite, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;
“carcinogen” means —
a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the CHIP Regulations would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or
a substance or preparation —
listed in Schedule 1, or
arising from a process specified in Schedule 1 which is a substance hazardous to health;
“cell culture” means the in-vitro growth of cells derived from multicellular organisms;
“the CHIP Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ;
“control measure” means a measure taken to reduce exposure to a substance hazardous to health (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment);
“employment medical adviser” means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;
“the Executive” means the Health and Safety Executive;
“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;
“Group”, in relation to a biological agent, means one of the four hazard Groups specified in paragraph 2 of Schedule 3 to which that agent is assigned;
“hazard”, in relation to a substance, means the intrinsic property of that substance which has the potential to cause harm to the health of a person, and “hazardous” shall be construed accordingly;
“health surveillance” means assessment of the state of health of an employee, as related to exposure to substances hazardous to health, and includes biological monitoring;
“inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993;
“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“medical examination” includes any laboratory tests and X-rays that a relevant doctor may require;
“member State” means a State which is a Contracting Party to the Agreement;
“micro-organism” means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954 ;
“occupational exposure standard” for a substance hazardous to health means the standard approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective;
“preparation” means a mixture or solution of two or more substances;
“public road” means (in England and Wales) a highway maintainable at the public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984 ;
“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 1984 ;
“relevant doctor” means an appointed doctor or an employment medical adviser;
“respirable dust” means airborne material which is capable of penetrating to the gas exchange region of the lung, as defined by BS EN 481 1993;
“risk”, in relation to the exposure of an employee to a substance hazardous to health, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure and also the extent of that harm;
“the risk assessment” means the assessment of risk required by regulation 6(1)(a);
“safety data sheet” means a safety data sheet within the meaning of regulation 5 of the CHIP Regulations;
“substance” means a natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);
“substance hazardous to health” means a substance (including a preparation) —
which is listed in Part I of the approved supply list as dangerous for supply within the meaning of the CHIP Regulations and for which an indication of danger specified for the substance is very toxic, toxic, harmful, corrosive or irritant;
for which the Health and Safety Commission has approved a maximum exposure limit or an occupational exposure standard;
which is a biological agent;
which is dust of any kind, except dust which is a substance within paragraph (a) or (b) above, when present at a concentration in air equal to or greater than —
10 mg/m 3 , as a time-weighted average over an 8-hour period, of inhalable dust, or
4 mg/m 3 , as a time-weighted average over an 8-hour period, of respirable dust;
which, not being a substance falling within sub-paragraphs (a) to (d), because of its chemical or toxicological properties and the way it is used or is present at the workplace creates a risk to health;
“workplace” means any premises or part of premises used for or in connection with work, and includes —
any place within the premises to which an employee has access while at work; and
any room, lobby, corridor, staircase, road or other place —
used as a means of access to or egress from that place of work, or
where facilities are provided for use in connection with that place of work,
other than a public road.
2
In these Regulations, a reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work at the workplace.
3
Where a biological agent has an approved classification, any reference in these Regulations to a particular Group in relation to that agent shall be taken as a reference to the Group to which that agent has been assigned in that approved classification.
Duties under these Regulations
3
1
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer —
a
under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulations 10, 12(1) and (2) and 13 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulations 10 and 11 shall not apply to a self-employed person.
3
The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions relating to certain substances
4
1
Those substances described in Column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in Column 2 of that Schedule.
2
The importation into the United Kingdom, other than from another member State, of the following substances and articles is prohibited, namely —
a
2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration equal to or greater than 0.1 per cent by mass;
b
matches made with white phosphorus,
and a contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
3
A person shall not supply during the course of or for use at work a substance or article specified in paragraph (2).
4
A person shall not supply during the course of or for use at work, benzene or a substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.
Application of regulations 6 to 13
5
1
Regulations 6 to 13 shall have effect with a view to protecting persons against a risk to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except —
a
where and to the extent that the following Regulations apply, namely —
i
the Coal Mines (Respirable Dust) Regulations 1975 ,
ii
the Control of Lead at Work Regulations 2002 ,
iii
the Control of Asbestos at Work Regulations 2002 ;
b
where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
c
where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment.
2
In paragraph (1)(c) “medical treatment” means medical or dental examination or treatment which is conducted by, or under the direction of a —
a
registered medical practitioner;
b
registered dentist; or
c
other person who is an appropriate practitioner for the purposes of section 58 of the Medicines Act 1968 ,
and includes any such examination or treatment conducted for the purpose of research.
Assessment of the risk to health created by work involving substances hazardous to health
6
1
An employer shall not carry out work which is liable to expose any employees to any substance hazardous to health unless he has —
a
made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations; and
b
implemented the steps referred to in sub-paragraph (a).
2
The risk assessment shall include consideration of —
a
the hazardous properties of the substance;
b
information on health effects provided by the supplier, including information contained in any relevant safety data sheet;
c
the level, type and duration of exposure;
d
the circumstances of the work, including the amount of the substance involved;
e
activities, such as maintenance, where there is the potential for a high level of exposure;
f
any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit;
g
the effect of preventive and control measures which have been or will be taken in accordance with regulation 7;
h
the results of relevant health surveillance;
i
the results of monitoring of exposure in accordance with regulation 10;
j
in circumstances where the work will involve exposure to more than one substance hazardous to health, the risk presented by exposure to such substances in combination;
k
the approved classification of any biological agent; and
l
such additional information as the employer may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed regularly and forthwith if —
a
there is reason to suspect that the risk assessment is no longer valid;
b
there has been a significant change in the work to which the risk assessment relates; or
c
the results of any monitoring carried out in accordance with regulation 10 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4
Where the employer employs 5 or more employees, he shall record —
a
the significant findings of the risk assessment as soon as is practicable after the risk assessment is made; and
b
the steps which he has taken to meet the requirements of regulation 7.
Prevention or control of exposure to substances hazardous to health
7
1
Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
2
In complying with his duty of prevention under paragraph (1), substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the use of a substance hazardous to health at the workplace by replacing it with a substance or process which, under the conditions of its use, either eliminates or reduces the risk to the health of his employees.
3
Where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment, including, in order of priority —
a
the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;
b
the control of exposure at source, including adequate ventilation systems and appropriate organisational measures; and
c
where adequate control of exposure cannot be achieved by other means, the provision of suitable personal protective equipment in addition to the measures required by sub-paragraphs (a) and (b).
4
The measures referred to in paragraph (3) shall include —
a
arrangements for the safe handling, storage and transport of substances hazardous to health, and of waste containing such substances, at the workplace;
b
the adoption of suitable maintenance procedures;
c
reducing, to the minimum required for the work concerned —
i
the number of employees subject to exposure,
ii
the level and duration of exposure, and
iii
the quantity of substances hazardous to health present at the workplace;
d
the control of the working environment, including appropriate general ventilation; and
e
appropriate hygiene measures including adequate washing facilities.
5
Without prejudice to the generality of paragraph (1), where it is not reasonably practicable to prevent exposure to a carcinogen, the employer shall apply the following measures in addition to those required by paragraph (3) —
a
totally enclosing the process and handling systems, unless this is not reasonably practicable;
b
the prohibition of eating, drinking and smoking in areas that may be contaminated by carcinogens;
c
cleaning floors, walls and other surfaces at regular intervals and whenever necessary;
d
designating those areas and installations which may be contaminated by carcinogens and using suitable and sufficient warning signs; and
e
storing, handling and disposing of carcinogens safely, including using closed and clearly labelled containers.
6
Without prejudice to the generality of paragraph (1), where it is not reasonably practicable to prevent exposure to a biological agent, the employer shall apply the following measures in addition to those required by paragraph (3) —
a
displaying suitable and sufficient warning signs, including the biohazard sign shown in Part IV of Schedule 3;
b
specifying appropriate decontamination and disinfection procedures;
c
instituting means for the safe collection, storage and disposal of contaminated waste, including the use of secure and identifiable containers, after suitable treatment where appropriate;
d
testing, where it is necessary and technically possible, for the presence, outside the primary physical confinement, of biological agents used at work;
e
specifying procedures for working with, and transporting at the workplace, a biological agent or material that may contain such an agent;
f
where appropriate, making available effective vaccines for those employees who are not already immune to the biological agent to which they are exposed or are liable to be exposed;
g
instituting hygiene measures compatible with the aim of preventing or reducing the accidental transfer or release of a biological agent from the workplace, including —
i
the provision of appropriate and adequate washing and toilet facilities, and
ii
where appropriate, the prohibition of eating, drinking, smoking and the application of cosmetics in working areas where there is a risk of contamination by biological agents; and
h
where there are human patients or animals which are, or are suspected of being, infected with a Group 3 or 4 biological agent, the employer shall select the most suitable control and containment measures from those listed in Part II of Schedule 3 with a view to controlling adequately the risk of infection.
7
Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which a maximum exposure limit has been approved, control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit.
8
Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if —
a
that occupational exposure standard is not exceeded; or
b
where that occupational exposure standard is exceeded, the employer identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable.
9
Personal protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall —
a
comply with any provision in the Personal Protective Equipment Regulations 2002 which is applicable to that item of personal protective equipment; or
b
in the case of respiratory protective equipment, where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
10
Without prejudice to the provisions of this regulation, Schedule 3 shall have effect in relation to work with biological agents.
11
In this regulation, “adequate” means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health and “adequately” shall be construed accordingly.
Use of control measures etc.
8
1
Every employer who provides any control measure, other thing or facility in accordance with these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with these Regulations and, where relevant, shall —
a
take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
b
if he discovers a defect therein, report it forthwith to his employer.
Maintenance, examination and testing of control measures
9
1
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition.
2
Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and testing of those controls is carried out —
a
in the case of local exhaust ventilation plant, at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in Column 1 of Schedule 4, at not more than the interval specified in the corresponding entry in Column 2 of that Schedule; or
b
in any other case, at suitable intervals.
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that thorough examination and, where appropriate, testing of that equipment is carried out at suitable intervals.
4
Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraphs (2) and (3) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
5
Every employer shall ensure that personal protective equipment, including protective clothing, is:
a
properly stored in a well-defined place;
b
checked at suitable intervals; and
c
when discovered to be defective, repaired or replaced before further use.
6
Personal protective equipment which may be contaminated by a substance hazardous to health shall be removed on leaving the working area and kept apart from uncontaminated clothing and equipment.
7
The employer shall ensure that the equipment referred to in paragraph (6) is subsequently decontaminated and cleaned or, if necessary, destroyed.
Monitoring exposure at the workplace
10
1
Where the risk assessment indicates that —
a
it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
b
it is otherwise requisite for protecting the health of employees,
the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
2
Paragraph (1) shall not apply where the employer is able to demonstrate by another method of evaluation that the requirements of regulation 7(1) have been complied with.
3
The monitoring referred to in paragraph (1) shall take place —
a
at regular intervals; and
b
when any change occurs which may affect that exposure.
4
Where a substance or process is specified in Column 1 of Schedule 5, monitoring shall be carried out at least at the frequency specified in the corresponding entry in Column 2 of that Schedule.
5
The employer shall ensure that a suitable record of monitoring carried out for the purpose of this regulation is made and maintained and that that record or a suitable summary thereof is kept available —
a
where the record is representative of the personal exposures of identifiable employees, for at least 40 years; or
b
in any other case, for at least 5 years,
from the date of the last entry made in it.
6
Where an employee is required by regulation 11 to be under health surveillance, an individual record of any monitoring carried out in accordance with this regulation shall be made, maintained and kept in respect of that employee.
7
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal monitoring record;
b
provide the Executive with copies of such monitoring records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.
Health surveillance
11
1
Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
2
Health surveillance shall be treated as being appropriate where —
a
the employee is exposed to one of the substances specified in Column 1 of Schedule 6 and is engaged in a process specified in Column 2 of that Schedule, and there is a reasonable likelihood that an identifiable disease or adverse health effect will result from that exposure; or
b
the exposure of the employee to a substance hazardous to health is such that —
i
an identifiable disease or adverse health effect may be related to the exposure,
ii
there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his work, and
iii
there are valid techniques for detecting indications of the disease or effect,
and the technique of investigation is of low risk to the employee.
3
The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) applies, is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
4
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record;
b
provide the Executive with copies of such health records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all health records kept by him.
5
If an employee is exposed to a substance specified in Schedule 6 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of a relevant doctor at intervals of not more than 12 months or at such shorter intervals as the relevant doctor may require.
6
Where an employee is subject to medical surveillance in accordance with paragraph (5) and a relevant doctor has certified by an entry in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by a relevant doctor.
7
Where an employee is subject to medical surveillance in accordance with paragraph (5) and a relevant doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by a relevant doctor.
8
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
9
Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor or other occupational health professional to be the result of exposure to a substance hazardous to health the employer of that employee shall —
a
ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance;
b
review the risk assessment;
c
review any measure taken to comply with regulation 7, taking into account any advice given by a relevant doctor, occupational health professional or by the Executive;
d
consider assigning the employee to alternative work where there is no risk of further exposure to that substance, taking into account any advice given by a relevant doctor or occupational health professional; and
e
provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a relevant doctor, occupational health professional or by the Executive.
10
Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.
11
Where an employee or an employer is aggrieved by a decision recorded in the health record by a relevant doctor to suspend an employee from work which exposes him to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the Executive within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
Information, instruction and training for persons who may be exposed to substances hazardous to health
12
1
Every employer who undertakes work which is liable to expose an employee to a substance hazardous to health shall provide that employee with suitable and sufficient information, instruction and training.
2
Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include —
a
details of the substances hazardous to health to which the employee is liable to be exposed including —
i
the names of those substances and the risk which they present to health,
ii
any relevant occupational exposure standard, maximum exposure limit or similar occupational exposure limit,
iii
access to any relevant safety data sheet, and
iv
other legislative provisions which concern the hazardous properties of those substances;
b
the significant findings of the risk assessment;
c
the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
d
the results of any monitoring of exposure in accordance with regulation 10 and, in particular, in the case of a substance hazardous to health for which a maximum exposure limit has been approved, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded;
e
the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent those results from being identified as relating to a particular person; and
f
where employees are working with a Group 4 biological agent or material that may contain such an agent, the provision of written instructions and, if appropriate, the display of notices which outline the procedures for handling such an agent or material.
3
The information, instruction and training required by paragraph (1) shall be —
a
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
b
provided in a manner appropriate to the level, type and duration of exposure identified by the risk assessment.
4
Every employer shall ensure that any person (whether or not his employee) who carries out work in connection with the employer’s duties under these Regulations has suitable and sufficient information, instruction and training.
5
Where containers and pipes for substances hazardous to health used at work are not marked in accordance with any relevant legislation listed in Schedule 7, the employer shall, without prejudice to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Arrangements to deal with accidents, incidents and emergencies
13
1
Subject to paragraph (4) and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999 , in order to protect the health of his employees from an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that —
a
procedures, including the provision of appropriate first-aid facilities and relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
b
information on emergency arrangements, including —
i
details of relevant work hazards and hazard identification arrangements, and
ii
specific hazards likely to arise at the time of an accident, incident or emergency, is available; and
c
suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
2
The employer shall ensure that information on the procedures and systems required by paragraph (1)(a) and (c) and the information required by paragraph(1)(b) is —
a
made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
b
displayed at the workplace, if this is appropriate.
3
Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a substance hazardous to health at the workplace, the employer shall ensure that —
a
immediate steps are taken to —
i
mitigate the effects of the event,
ii
restore the situation to normal, and
iii
inform those of his employees who may be affected;
b
only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with —
i
appropriate personal protective equipment, and
ii
any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal; and
c
in the case of an incident or accident which has or may have resulted in the release of a biological agent which could cause severe human disease, as soon as practicable thereafter his employees or their representatives are informed of —
i
the causes of that incident or accident, and
ii
the measures taken or to be taken to rectify the situation.
4
Paragraph (1) and, provided the substance hazardous to health is not a carcinogen or biological agent, paragraph (3) shall not apply where —
a
the results of the risk assessment show that, because of the quantity of each substance hazardous to health present at the workplace, there is only a slight risk to the health of employees; and
b
the measures taken by the employer to comply with the duty under regulation 7(1) are sufficient to control that risk.
5
An employee shall report forthwith, to his employer or to any other employee of that employer with specific responsibility for the health and safety of his fellow employees, any accident or incident which has or may have resulted in the release of a biological agent which could cause severe human disease.
Provisions relating to certain fumigations
14
1
This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, phosphine or methyl bromide, except that paragraph (2) shall not apply to fumigations using the fumigant specified in Column 1 of Schedule 8 when the nature of the fumigation is that specified in the corresponding entry in Column 2 of that Schedule.
2
An employer shall not undertake fumigation to which this regulation applies unless he has —
a
notified the persons specified in Part I of Schedule 9 of his intention to undertake the fumigation; and
b
provided to those persons the information specified in Part II of that Schedule,
at least 24 hours in advance, or such shorter time in advance as the persons required to be notified may agree.
3
An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.
Exemption certificates
15
1
Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by regulations 4 (to the extent permitted by article 9 of Council Directive 98/24/ EC ), 8, 9, 11(8), (10) and (11) and 14 of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Exemptions relating to the Ministry of Defence etc.
16
1
In this regulation —
a
“Her Majesty’s Forces” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces;
b
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 ; and
c
“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
any of Her Majesty’s Forces;
b
any visiting force;
c
members of a visiting force working in or attached to a headquarters; or
d
any person engaged in work involving substances hazardous to health, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risk created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.
3
Regulation 11(11) shall not apply in relation to —
a
any visiting force; or
b
members of a visiting force working in or attached to a headquarters.
Extension outside Great Britain
17
1
Subject to paragraph (2), these Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 as those provisions apply within Great Britain.
2
These Regulations shall not extend to Northern Ireland except insofar as they relate to imports of substances and articles referred to in regulation 4(2) into the United Kingdom.
Revocation and savings
18
1
The Control of Substances Hazardous to Health Regulations 1999 are revoked.
2
Any record or register required to be kept under the Regulations revoked by paragraph (1) shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the Regulations so revoked.
Extension of meaning of “work”
19
For the purposes of Part I of the 1974 Act the meaning of “work” shall be extended to include any activity involving the consignment, storage or use of a Group 2, 3 or 4 biological agent and the meaning of “at work” shall be extended accordingly, and in that connection the references to employer in paragraphs 5 and 6 of Schedule 3 include references to any persons carrying out such an activity.
Modification of section 3(2) of the 1974 Act
20
Section 3(2) of the 1974 Act shall be modified in relation to an activity involving the consignment, storage or use of any of the biological agents referred to in regulation 19 so as to have effect as if the reference therein to a self-employed person is a reference to any person who is not an employer or an employee and the reference therein to his undertaking includes a reference to such an activity.
Defence
21
Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999 , in any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Signed by authority of the Secretary of State.
N. Brown
Minister of State,
Department for Work and Pensions
24th October 2002


text:
Citation and commencement
1
This Order may be cited as the Sunderland Building Our Future Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Sunderland Building Our Future Education Action Zone” means the Education Action Zone established by the Sunderland Building Our Future Education Action Zone Order 1999 .
The extension of the Sunderland Building Our Future Education Action Zone
3
The Sunderland Building Our Future Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 2002 and shall come into force on 26th March 2002.
Amendment of the principal Order
2
The Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 shall be amended in accordance with articles 3 to 6 below.
3
In article 2(1) (interpretation) —
a
for the definition of “the Council Regulation” there shall be substituted the following definition —
‘the Council Regulation’ means Council Regulation ( EC ) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms , as corrected by Corrigendum to Annex XII of that Council Regulation and amended by Council Regulation (EC) No. 308/1999 , Council Regulation (EC) No. 1459/1999 , Council Regulation (EC) No. 2723/1999 , Council Regulation (EC) No. 812/2000 , Council Regulation (EC) No. 1298/2000 and Council Regulation (EC) No. 724/2001 ;
b
the definition of “Regulation 2742/99” shall be omitted;
c
after the definition of “Regulation 894/97” there shall be inserted the following definitions —
‘Regulation 2549/2000’ means Council Regulation (EC) No. 2549/2000 establishing additional technical measures for recovery of the stock of cod in the Irish Sea (ICES Division VIIa) as amended by Council Regulation (EC) No. 1456/2001 ;
‘Regulation 2056/2001’ means Commission Regulation (EC) No. 2056/2001 establishing additional technical measures for the recovery of the stock of cod in the North Sea and to the West of Scotland ;
d
for the definition of “specified Community measure” there shall be substituted the following definition —
‘specified Community measure’ means a provision of Regulation 894/97 or of the Council Regulation or of Regulation 2549/2000 or of Regulation 2056/2001, which is specified in column 1 of the Schedule, as read with any qualifying words relating to that provision in that column;
.
4
In article 4(4) (penalties), for “paragraph (6)” there shall be substituted the words “the following provisions of this article”.
5
For paragraph (1) of article 13 (proceedings) there shall be substituted the following paragraph —
1
A local fisheries committee in England may take proceedings in respect of any offence occurring within any part of the district of the committee which lies in England under —
a
article 3(1) of this Order, where the offence is founded on a contravention of, or failure to comply with —
i
any of articles 6 to 11, 14 to 16, 18, 19, 26 and 30 to 34 of the Council Regulation,
ii
article 2 of Regulation 2549/2000, or
iii
articles 4 to 8 of Regulation 2056/2001; or
b
article 3(2)(a) of this Order.
.
6
In the Schedule (maximum fines on summary conviction apart from fines related to value of fish) —
a
after paragraph 6 of Part II there shall be inserted the following paragraph in columns 1, 2 and 3 —
6A
Article 10
Prohibition on transhipment of marine organisms etc. during any voyage when dredges are carried on board. The statutory maximum.
b
for paragraph 12 of Part II there shall be substituted the following paragraph in columns 1, 2 and 3 —
12
Article 18(4)
Prohibition on the retention and landing of detached crab claws subject to a maximum percentage for catches made by pots or creels and subject to a maximum for catches made by any other fishing gear. The statutory maximum.
c
after paragraph 25 of Part II there shall be inserted the following paragraph in columns 1, 2 and 3 —
25A
Article 29a
Prohibition during 2002 on the retention on board or landing of sand eels caught within a specified area off the east coast of England and Scotland. £50,000.
d
Part III shall be omitted;
e
at the end there shall be inserted the following Parts —
Part IV
Regulation 2549/2000
Article 2 as read with Article 3
Prohibition on fishing in the Irish Sea with specified towed gear. The statutory maximum”
Part V
Regulation 2056/2001
Article 4
Requirements relating to the retention on board of catches taken with demersal towed nets of certain sizes in specified areas and prohibition on the retention on board and use of demersal towed nets of a specified size unless specified conditions satisfied. The statutory maximum. Article 5 Prohibition relating to the construction of certain demersal towed nets and the carrying on board and use of certain beam trawls. The statutory maximum. Article 6 Prohibition on the use of certain beam trawls in specified areas. The statutory maximum. Article 7 Prohibition on the retention on board of any cod in excess of a specified percentage by weight and caught in specified fixed gears. The statutory maximum. Article 8 Prohibition on use of certain demersal towed nets in specified areas. The statutory maximum.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
13th February 2002
John Reid
Secretary of State for Northern Ireland
21st February 2002