text:
Citation
1
These Regulations may be cited as the Insolvency Act 1986 (Amendment) (No. 3) Regulations 2002.
Commencement
2
These Regulations come into force on the day on which section 1 of the Insolvency Act 2000 comes into force for the purpose of giving effect to paragraph 4 of Schedule A1 to the Insolvency Act 1986, as that Schedule is set out in paragraph 4 of Schedule 1 to the Insolvency Act 2000.
Amendment of Schedule A1 to the Insolvency Act 1986
3
1
Schedule A1 to the Insolvency Act 1986 is amended as follows.
2
After paragraph 3(3) (qualifying conditions) insert —
4
A company does not meet the requirements of this paragraph if it is a holding company of a group of companies which does not qualify as a small group or a medium-sized group in respect of the financial year of the company which ended last before the date of filing.
5
For the purposes of sub-paragraph (4) “group” has the meaning given by section 262 of the Companies Act 1985 (c. 6) (definitions for Part VII) and a group qualifies as small or medium-sized if it qualifies as such under section 249 of the Companies Act 1985 (qualification of group as small or medium-sized).
.
3
After paragraph 4 insert —
Capital market arrangement
4A
A company is also excluded from being eligible for a moratorium if, on the date of filing, it is a party to an agreement which is or forms part of a capital market arrangement under which —
i
a party has incurred, or when the agreement was entered into was expected to incur, a debt of at least £10 million under the arrangement, and
ii
the arrangement involves the issue of a capital market investment.
Public private partnership
4B
A company is also excluded from being eligible for a moratorium if, on the date of filing, it is a project company of a project which —
i
is a public-private partnership project, and
ii
includes step-in rights.
Liability under an arrangement
4C
1
A company is also excluded from being eligible for a moratorium if, on the date of filing, it has incurred a liability under an agreement of £10 million or more.
2
Where the liability in sub-paragraph (1) is a contingent liability under or by virtue of a guarantee or an indemnity or security provided on behalf of another person, the amount of that liability is the full amount of the liability in relation to which the guarantee, indemnity or security is provided.
3
In this paragraph —
a
the reference to “liability” includes a present or future liability whether, in either case, it is certain or contingent,
b
the reference to “liability” includes a reference to a liability to be paid wholly or partly in foreign currency (in which case the sterling equivalent shall be calculated as at the time when the liability is incurred).
Interpretation of capital market arrangement
4D
1
For the purposes of paragraph 4A an arrangement is a capital market arrangement if —
a
it involves a grant of security to a person holding it as trustee for a person who holds a capital market investment issued by a party to the arrangement, or
b
at least one party guarantees the performance of obligations of another party, or
c
at least one party provides security in respect of the performance of obligations of another party, or
d
the arrangement involves an investment of a kind described in articles 83 to 85 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544 ) (options, futures and contracts for differences).
2
For the purposes of sub-paragraph (1) —
a
a reference to holding as trustee includes a reference to holding as nominee or agent,
b
a reference to holding for a person who holds a capital market investment includes a reference to holding for a number of persons at least one of whom holds a capital market investment, and
c
a person holds a capital market investment if he has a legal or beneficial interest in it.
3
In paragraph 4A, 4C, 4J and this paragraph —
“agreement” includes an agreement or undertaking effected by —
contract,
deed, or
any other instrument intended to have effect in accordance with the law of England and Wales, Scotland or another jurisdiction, and
“party” to an arrangement includes a party to an agreement which —
forms part of the arrangement,
provides for the raising of finance as part of the arrangement, or
is necessary for the purposes of implementing the arrangement.
Capital market investment
4E
1
For the purposes of paragraphs 4A and 4D, an investment is a capital market investment if —
a
it is within article 77 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544 ) (debt instruments) and
b
it is rated, listed or traded or designed to be rated, listed or traded.
2
In sub-paragraph (1) —
“listed” means admitted to the official list within the meaning given by section 103(1) of the Financial Services and Markets Act 2000 (c. 8) (interpretation),
“rated” means rated for the purposes of investment by an internationally recognised rating agency,
“traded” means admitted to trading on a market established under the rules of a recognised investment exchange or on a foreign market.
3
In sub-paragraph (2) —
“foreign market” has the same meaning as “relevant market” in article 67(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335 ) (foreign markets),
“recognised investment exchange” has the meaning given by section 285 of the Financial Services and Markets Act 2000 (recognised investment exchange).
4F
1
For the purposes of paragraphs 4A and 4D an investment is also a capital market investment if it consists of a bond or commercial paper issued to one or more of the following —
a
an investment professional within the meaning of article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001,
b
a person who is, when the agreement mentioned in paragraph 4A is entered into, a certified high net worth individual in relation to a communication within the meaning of article 48(2) of that order,
c
a person to whom article 49(2) of that order applies (high net worth company, &c.),
d
a person who is, when the agreement mentioned in paragraph 4A is entered into, a certified sophisticated investor in relation to a communication within the meaning of article 50(1) of that order, and
e
a person in a State other than the United Kingdom who under the law of that State is not prohibited from investing in bonds or commercial paper.
2
For the purposes of sub-paragraph (1) —
a
in applying article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 for the purposes of sub-paragraph (1)(a) —
i
in article 19(5)(b), ignore the words after “exempt person”,
ii
in article 19(5)(c)(i), for the words from “the controlled activity” to the end substitute “a controlled activity”, and
iii
in article 19(5)(e) ignore the words from “where the communication” to the end, and
b
in applying article 49(2) of that order for the purposes of sub-paragraph (1)(c), ignore article 49(2)(e).
3
In sub-paragraph (1) —
“bond” shall be construed in accordance with article 77 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544 ), and
“commercial paper” has the meaning given by article 9(3) of that order.
Debt
4G
The debt of at least £10 million referred to in paragraph 4A —
a
may be incurred at any time during the life of the capital market arrangement, and
b
may be expressed wholly or partly in a foreign currency (in which case the sterling equivalent shall be calculated as at the time when the arrangement is entered into).
Interpretation of project company
4H
1
For the purposes of paragraph 4B a company is a “project company” of a project if —
a
it holds property for the purpose of the project,
b
it has sole or principal responsibility under an agreement for carrying out all or part of the project,
c
it is one of a number of companies which together carry out the project,
d
it has the purpose of supplying finance to enable the project to be carried out, or
e
it is the holding company of a company within any of paragraphs (a) to (d).
2
But a company is not a “project company” of a project if —
a
it performs a function within sub-paragraph (1)(a) to (d) or is within sub-paragraph (1)(e), but
b
it also performs a function which is not —
i
within sub-paragraph (1)(a) to (d),
ii
related to a function within sub-paragraph (1)(a) to (d), or
iii
related to the project.
3
For the purposes of this paragraph a company carries out all or part of a project whether or not it acts wholly or partly through agents.
Public-private partnership project
4I
1
In paragraph 4B “public-private partnership project” means a project —
a
the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or
b
which is designed wholly or mainly for the purpose of assisting a public body to discharge a function.
2
In sub-paragraph (1) “resources” includes —
a
funds (including payment for the provision of services or facilities),
b
assets,
c
professional skill,
d
the grant of a concession or franchise, and
e
any other commercial resource.
3
In sub-paragraph (1) “public body” means —
a
a body which exercises public functions,
b
a body specified for the purposes of this paragraph by the Secretary of State, and
c
a body within a class specified for the purposes of this paragraph by the Secretary of State.
4
A specification under sub-paragraph (3) may be —
a
general, or
b
for the purpose of the application of paragraph 4B to a specified case.
Step-in rights
4J
1
For the purposes of paragraph 4B a project has “step-in rights” if a person who provides finance in connection with the project has a conditional entitlement under an agreement to —
i
assume sole or principal responsibility under an agreement for carrying out all or part of the project, or
ii
make arrangements for carrying out all or part of the project.
2
In sub-paragraph (1) a reference to the provision of finance includes a reference to the provision of an indemnity.
“ Person ”
4K
For the purposes of paragraphs 4A to 4J, a reference to a person includes a reference to a partnership or another unincorporated group of persons.
.
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
25th July 2002


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2002.
2
This Order comes into force —
a
on 11th April 2002, for the purpose of making rules under articles 9G and 9H of the principal Order (as inserted by article 4 of this Order);
b
on 27th April 2002, for all other purposes.
3
In this Order —
a
“ the Act ” means the Financial Services and Markets Act 2000;
b
“the principal Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
PART II
ELECTRONIC MONEY
Amendments of the principal Order
Definition of “electronic money”
2
In article 3(1) of the principal Order (interpretation), after the definition of “deposit” insert —
“electronic money” means monetary value, as represented by a claim on the issuer, which is —
stored on an electronic device;
issued on receipt of funds; and
accepted as a means of payment by persons other than the issuer;
.
Sums received in exchange for electronic money not to constitute deposits
3
1
In paragraph (2) of article 5 of the principal Order (accepting deposits), for “articles 6 to 9” substitute “articles 6 to 9A”.
2
After article 9 of the principal Order insert —
Sums received in exchange for electronic money
9A
A sum is not a deposit for the purposes of article 5 if it is immediately exchanged for electronic money.
Issuing electronic money: the specified activity
4
After article 9A insert —
CHAPTER IIA
ELECTRONIC MONEY
The activity
Issuing electronic money
9B
Issuing electronic money is a specified kind of activity.
Exclusions
Persons certified as small issuers etc.
9C
1
There is excluded from article 9B the issuing of electronic money by a person to whom the Authority has given a certificate under this article (provided the certificate has not been revoked).
2
An application for a certificate may be made by —
a
a body corporate, or
b
a partnership,
(other than a credit institution as defined in Article 1(1)(a) of the banking consolidation directive) which has its head office in the United Kingdom.
3
The authority must, on the application of such a person (“A”), give A a certificate if it appears to the Authority that paragraph (4), (5) or (6) applies.
4
This paragraph applies if —
a
A does not issue electronic money except on terms that the electronic device on which the monetary value is stored is subject to a maximum storage amount of not more than 150 euro; and
b
A’s total liabilities with respect to the issuing of electronic money do not (or will not) usually exceed 5 million euro and do not (or will not) ever exceed 6 million euro.
5
This paragraph applies if —
a
the condition in paragraph (4)(a) is met;
b
A’s total liabilities with respect to the issuing of electronic money do not (or will not) exceed 10 million euro; and
c
electronic money issued by A is accepted as a means of payment only by —
i
subsidiaries of A which perform operational or other ancillary functions related to electronic money issued or distributed by A; or
ii
other members of the same group as A (other than subsidiaries of A).
6
This paragraph applies if —
a
the conditions in paragraphs (4)(a) and (5)(b) are met; and
b
electronic money issued by A is accepted as a means of payment, in the course of business, by not more than one hundred persons where —
i
those persons accept such electronic money only at locations within the same premises or limited local area; or
ii
those persons have a close financial or business relationship with A, such as a common marketing or distribution scheme.
7
For the purposes of paragraph (6)(b)(i), locations are to be treated as situated within the same premises or limited local area if they are situated within —
a
a shopping centre, airport, railway station, bus station, or campus of a university, polytechnic, college, school or similar educational establishment; or
b
an area which does not exceed four square kilometres;
but sub-paragraphs (a) and (b) are illustrative only and are not to be treated as limiting the scope of paragraph (6)(b)(i).
8
For the purposes of paragraph (6)(b)(ii), persons are not to be treated as having a close financial or business relationship with A merely because they participate in arrangements for the acceptance of electronic money issued by A.
9
In this article, references to amounts in euro include references to equivalent amounts in sterling.
10
A person to whom a certificate has been given under this article (and whose certificate has not been revoked) is referred to in this Chapter as a “certified person”.
Applications for certificates
9D
The following provisions of the Act apply to applications to the Authority for certificates under 9C (and the determination of such applications) as they apply to applications for Part IV permissions (and the determination of such applications) —
a
section 51(1)(b) and (3) to (6);
b
section 52, except subsections (6), (8) and (9)(a) and (b); and
c
section 55(1).
Revocation of certificate on Authority’s own initiative
9E
1
The Authority may revoke a certificate given to a person (“A”) under article 9C if —
a
it appears to it that A does not meet the relevant conditions, or has failed to meet the relevant conditions at any time since the certificate was given; or
b
the person to whom the certificate was given has contravened any rule or requirement to which he is subject as a result of article 9G.
2
For the purposes of paragraph (1), A meets the relevant conditions at any time if, at that time, paragraph (4), (5) or (6) of article 9C applies.
3
Sections 54 and 55(2) of the Act apply to the revocation of a certificate under paragraph (1) as they apply to the cancellation of a Part IV permission on the Authority’s own initiative, as if references in those sections to an authorised person were references to a certified person.
Revocation of certificate on request
9F
1
A certified person (“B”) may apply to the Authority for his certificate to be revoked, and the Authority must then revoke the certificate and give B written notice that it has done so.
2
An application under paragraph (1) must be made in such manner as the Authority may direct.
3
If —
a
B has made an application under Part IV of the Act for permission to carry on a regulated activity of the kind specified by article 9B (or for variation of an existing permission so as to add a regulated activity of that kind), and
b
on making an application for revocation of his certificate under paragraph (1), he requests that the revocation be conditional on the granting of his application under Part IV of the Act,
the revocation of B’s certificate is to be conditional on the granting of his application under Part IV of the Act.
Obtaining information from certified persons etc.
9G
1
The Authority may make rules requiring certified persons to provide information to the Authority about their activities so far as relating to the issuing of electronic money, including the amount of their liabilities with respect to the issuing of electronic money.
2
Section 148 of the Act (modification or waiver of rules) applies in relation to rules made under paragraph (1) as if references in that section to an authorised person were references to a certified person.
3
Section 150 of the Act (actions for damages) applies in relation to a rule made under paragraph (1) as if the reference in subsection (1) of that section to an authorised person were a reference to a certified person.
4
The Authority may, by notice in writing given to a certified person, require him —
a
to provide specified information or information of a specified description; or
b
to produce specified documents or documents of a specified description.
5
Paragraph (4) applies only to information or documents reasonably required for the purposes of determining whether the certified person meets, or has met, the relevant conditions.
6
Subsections (2), (5) and (6) of section 165 of the Act (Authority’s power to require information) apply to a requirement imposed under paragraph (4) as they apply to a requirement imposed under that section.
7
Section 166 of the Act (reports by skilled persons) has effect as if —
a
the reference in subsection (1) of that section to section 165 included a reference to paragraph (4) above; and
b
the reference in section 166(2)(a) of the Act to an authorised person included a reference to a certified person.
8
Subsection (4) of section 168 of the Act (appointment of persons to carry out investigations in particular cases) has effect as if it provided for subsection (5) of that section to apply if it appears to the Authority that there are circumstances suggesting that a certified person may not meet, or may not have met, the relevant conditions.
9
Sections 175 (information and documents: supplemental provisions), 176 (entry of premises under warrant) and 177 (offences) of the Act apply to a requirement imposed under paragraph (4) as they apply to a requirement imposed under section 165 of the Act (the reference in section 176(3)(a) to an authorised person being read as a reference to a certified person).
10
In this article —
a
“specified”, in paragraph (4), means specified in the notice mentioned in that paragraph;
b
a certified person (“A”) meets the relevant conditions at any time if, at that time, paragraph (4), (5) or (6) of article 9C applies.
Supplemental
Rules prohibiting the issue of electronic money at a discount
9H
1
The Authority may make rules applying to authorised persons with permission to carry on an activity of the kind specified by article 9B, prohibiting the issue of electronic money having a monetary value greater than the funds received.
2
Section 148 of the Act (modification or waiver of rules) applies in relation to rules made under paragraph (1).
False claims to be a certified person
9I
A person who is not a certified person is to be treated as guilty of an offence under section 24 of the Act (false claims to be authorised or exempt) if he —
a
describes himself (in whatever terms) as a certified person;
b
behaves, or otherwise holds himself out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that he is a certified person.
Exclusion of electronic money from the compensation scheme
9J
The compensation scheme established under Part XV of the Act is not to provide for the compensation of persons in respect of claims made in connection with any activity of the kind specified by article 9B.
Record of certified persons
9K
The record maintained by the Authority under section 347 of the Act (public record of authorised persons etc.) must include every certified person.
Agreeing to issue electronic money not to be a regulated activity
5
In article 64 of the principal Order (agreeing to carry on specified kinds of activity), after “article 5,” insert “9B,”.
Electronic money: the specified investment
6
After article 74 of the principal Order insert —
Electronic money
74A
Electronic money.
Supplemental and transitional provisions
Amendment of the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
7
1
In the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 , after sub-paragraph (a) of article 4(1) (activities to which exemption from the general prohibition does not apply), insert —
aa
article 9B (issuing electronic money);
.
2
In article 8 of that Order, after “article 4(a),” insert “(aa),”.
Variation of threshold condition
8
In paragraph 1(2) of Schedule 6 to the Act (threshold conditions: legal status of deposit-takers), after “accepting deposits” insert “or issuing electronic money”.
Transitional provisions for persons issuing electronic money at commencement
9
1
Where, immediately before commencement, a credit institution with Part IV permission to accept deposits was carrying on by way of business in the United Kingdom the activity of issuing electronic money, the institution’s permission is to be treated as including, for a period of six months beginning at commencement, permission to carry on an activity of the kind specified by article 9B of the principal Order.
2
Where, immediately before commencement —
a
an EEA firm of the kind mentioned in paragraph 5(b) or (c) of Schedule 3 to the Act qualified for authorisation under that Schedule, and
b
the activities which were treated as permitted activities for the purposes of paragraph 13 or 14 of that Schedule as it applied to that firm included the issuing of electronic money,
the firm’s permission under paragraph 15 of that Schedule is to be treated, at commencement, as including permission to carry on that activity.
3
Where an existing issuer having his head office in the United Kingdom is, after commencement, granted a Part IV permission to carry on an activity of the kind specified by article 9B (and hence becomes a UK firm, within the meaning of Schedule 3 to the Act, in relation to that activity) —
a
if, immediately before commencement, the existing issuer was carrying on the activity of issuing electronic money from a branch established in another EEA State, the conditions in paragraph 19(2) to (5) of that Schedule are to be treated as satisfied with respect to that branch;
b
if, immediately before commencement, the existing issuer was carrying on the activity of issuing electronic money by providing services in another EEA State, the conditions in paragraph 20(1) of that Schedule are to be treated as satisfied with respect to the provision of those services in that EEA State.
4
An existing issuer having his head office in an EEA State other than the United Kingdom who, after commencement, becomes authorised (within the meaning of Article 1 of the banking consolidation directive) by his home state regulator (and hence becomes an EEA firm) —
a
is to be treated as having complied with the establishment conditions (within the meaning of paragraph 13 of Schedule 3 to the Act) where, immediately before commencement, he was carrying on the activity of issuing electronic money from a branch established in the United Kingdom;
b
is to be treated as having complied with the service conditions (within the meaning of paragraph 14 of that Schedule) where, immediately before commencement, he was carrying on the activity of issuing electronic money by providing services in the United Kingdom.
5
Where paragraph (4)(a) or (b) applies, the existing issuer is to be treated as having permission to carry on the activity mentioned in that paragraph through its United Kingdom branch or (as the case may be) by providing services in the United Kingdom.
6
There is excluded from article 9B of the principal Order any activity carried on by an existing issuer before 27th October 2002, unless he has been granted a Part IV permission to carry on that activity, or has permission to carry on that activity as a result of paragraph (5).
7
There is also excluded from article 9B of the principal Order any activity carried on by an existing issuer after the beginning of 27th October 2002, provided —
a
he has made an application before 27th June 2002 under section 40 of the Act for permission to carry on that activity, and has not withdrawn it; and
b
the application has not been finally determined.
8
For the purposes of paragraph (7), an application is to be treated as finally determined —
a
in a case where the Authority gives permission to carry on the activity and does not exercise its power under section 42(7)(a) or (b) or section 43(1) of the Act, on the date on which the permission takes effect;
b
in a case where the Authority refuses permission, or gives permission but exercises its power under section 42(7)(a) or (b) or section 43 of the Act, at the time when the matter ceases to be open to review (within the meaning of section 391(8) of the Act).
9
In this article —
a
“commencement” means the beginning of 27th April 2002;
b
“credit institution” means a credit institution as defined in Article 1(1)(a) of the banking consolidation directive;
c
an “existing issuer” means a body corporate or partnership (other than one falling within paragraph (1) or (2)) which, immediately before commencement —
i
has its head office in the United Kingdom, and is carrying on by way of business in the United Kingdom the activity of issuing electronic money; or
ii
has its head office in an EEA State other than the United Kingdom, and is carrying on such an activity by way of business in the United Kingdom without contravening the law of that other EEA State;
d
in paragraph (1) and in sub-paragraph (c) of this paragraph, the references to carrying on an activity in the United Kingdom are to be construed without reference to section 418 of the Act (carrying on regulated activities in the United Kingdom).
Anticipatory consultation on rules
10
If —
a
before 11th April 2002 any steps were taken in relation to a draft of rules which the Authority proposes to make under article 9G(1) or 9H of the principal Order (as inserted by article 4 of this Order), and
b
those steps, had they been taken after that day, would to any extent have satisfied the requirements of section 155 of the Act,
those requirements are to that extent to be taken to have been satisfied.
PART III
MISCELLANEOUS AMENDMENTS OF THE PRINCIPAL ORDER
Specified activities: disapplication of exclusions in relation to investment firms
11
In article 4(4)(b) of the principal Order, for “articles 15, 68, 69 and 70” substitute “articles 15, 16, 19, 22, 23, 29, 38, 68, 69 and 70”.
Accepting deposits: sums received in consideration for the issue of debt securities
12
For article 9(3) of the principal Order substitute —
3
In paragraph (2), “commercial paper” means an investment of the kind specified by article 77 or 78 having a maturity of less than one year from the date of issue.
Sending dematerialised instructions
13
1
In paragraph (1) of article 45 of the principal Order —
a
after “security” insert “or a contractually based investment”;
b
for “1995” substitute “2001”.
2
In paragraph (2) of that article, after “security” insert “or a contractually based investment”.
3
In paragraph (3) of that article —
a
for sub-paragraph (a) substitute —
a
“the 2001 Regulations ” means the Uncertificated Securities Regulations 2001 ;
;
b
in sub-paragraph (b), for “1995” substitute “2001”.
4
In articles 46, 49 and 69(8) of the principal Order, for “1995” substitute “2001”.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2002


text:
1
1
These Regulations may be cited as the School Budget Shares (Prescribed Purposes) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations shall apply for the purposes of the expenditure of budget shares of maintained schools in England.
2
In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
3
The following purposes are hereby prescribed for the expenditure of the budget share of a maintained school by its governing body —
a
the provision of teaching to pupils registered at other maintained schools;
b
the provision of learning materials, educational resources, transport, meals and accommodation for pupils registered at other maintained schools.
4
These purposes are prescribed subject to the condition that the governing body by 30th June each year submits to the local education authority maintaining the school a statement, in a form determined and published by the local education authority, setting out details of the provision made in the preceding financial year in accordance with these Regulations, and the expenditure on that provision.
Stephen Timms,
Minister of State,
Department for Education and Skills
21st February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birkenhead and Wallasey Primary Care Trust (Establishment) Order 2002 and shall come into force on 6th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Birkenhead and Wallasey Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 6th March 2002 a Primary Care Trust to be called the Birkenhead and Wallasey Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
4 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Wirral Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Wirral and West Cheshire Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th February 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4 of the National Health Service (Dental Charges) Regulations 1989 (calculation of charges), in paragraph (5), for “£360” in both places where it occurs there shall be substituted “£366”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 2001 are hereby revoked.
Transitional provisions
4
Where, on or after 1st April 2002, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
5th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Chemicals Regulations 2002 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“address”, in relation to electronic communications, includes any number or address used for the purposes of such communications;
“business day” means any day, except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 ;
“consultation parties” means, having regard to the part of the relevant area to which any permit would relate —
the Centre for Environment, Fisheries and Aquaculture Science;
the Fisheries Research Services,
together with any Contracting State which the Secretary of State considers may be affected by the use or discharge of any offshore chemical to which an application under these Regulations relates;
“Contracting State” means a State which the Secretary of State considers to be a contracting party to the Convention;
“Convention” means the Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 ;
“discharge” means the operational release of offshore chemicals, or their degradation and transformation products, from an offshore installation into the relevant area;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“the Gazettes” means the London, Edinburgh and Belfast Gazettes;
“notice” means notice in writing;
“offshore activities” means any activities in respect of which the Secretary of State exercises functions under the Petroleum Act 1998 , being activities carried out in the relevant area;
“offshore chemical” means any chemical, whether comprising a substance or a preparation, intentionally used in connection with offshore activities;
“offshore installation” means any structure or other thing (including any floating production storage and off-loading system or floating storage unit, but not including a ship) in the relevant area which is used for the purposes of, or in connection with, offshore activities;
“operator” means any person who operates an offshore installation;
“permit” means an authorisation granted by the Secretary of State pursuant to these Regulations to use or discharge any offshore chemical in the relevant area;
“permit application” means an application for a permit, being an application which satisfies the requirements of regulation 6(1) and “permit applicant” shall be construed accordingly;
“pipeline” has the same meaning as in section 26 of the Petroleum Act 1998;
“pollution” means the introduction by man, directly or indirectly, of substances or energy into the relevant area which results, or is likely to result, in hazards to human health, harm to living resources and marine ecosystems, damage to amenities or interference with other legitimate uses of the sea;
“preparation” means a mixture or solution composed of two or more substances;
“prescribed date” means the date after the day on which the period of three months commencing on the day on which these Regulations come into force expires, save that when a permit application is made before that date it means —
the date on which the permit is granted, whether in pursuance of the application or, on an appeal under regulation 17, of an order of the court; or
where a permit is refused and the permit applicant appeals under regulation 17, the date on which the court upholds that refusal; or
the date after the day on which the period provided for under regulation 17(6) expires,
as the case may be;
“relevant area” means that area (together with places above and below it) comprising —
those parts of the sea adjacent to England and Wales from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters; and
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
“relevant project” has the same meaning as in the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 ;
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 ;
“substance” means a chemical element or compound, in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product or any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
“substantial change” means a change in the type, quantity, frequency or location of the use or discharge of an offshore chemical which may have significant negative effects on people or the environment;
“use”, in relation to offshore chemicals, means any application in connection with offshore activities that might result in a discharge.
Requirement for permit to use or discharge offshore chemicals
3
1
Subject to paragraphs (2) and (3), no person shall use or discharge any offshore chemical in the relevant area after the prescribed date otherwise than in accordance with the terms of, and conditions attached to, a permit.
2
Where a person is using or discharging any offshore chemical in connection with any offshore activity that began on or before the date on which these Regulations come into force, that person may continue to use or discharge that offshore chemical until —
a
such time as the Secretary of State may specify by notice; or
b
(if no notice is given by the Secretary of State in accordance with sub-paragraph (a)) the date after the day on which the period of two years commencing on the prescribed date expires.
3
A person using or discharging an offshore chemical in accordance with paragraph (2) shall provide the Secretary of State with such information as the Secretary of State may reasonably require for the purpose of performing her functions under these Regulations.
Grant and refusal of permits
4
1
In considering whether to grant a permit, the Secretary of State shall have regard to any opinion expressed by —
a
the consultation parties; and
b
(except where the permit application is one to which regulation 7(2) applies) the general public.
2
The Secretary of State shall not grant a permit unless she is satisfied that there has been substantial compliance with regulation 7.
3
Where the Secretary of State grants a permit, she shall send it to the permit applicant.
4
Where the Secretary of State refuses a permit application, she shall give notice of such refusal to the permit applicant.
5
The Secretary of State shall publish in the Gazettes notice of the granting of any permit.
Conditions of permits
5
1
The Secretary of State may attach to any permit such conditions as she thinks fit.
2
Without prejudice to the generality of paragraph (1), the Secretary of State may attach to any permit such conditions as in her opinion are calculated to ensure that —
a
the quantity, frequency, location and duration of any permitted use or discharge of offshore chemicals are subject to appropriate restrictions;
b
any permit granted for the use or discharge of any offshore chemical requires the operator to seek a suitable, less hazardous substitute;
c
all appropriate measures are taken to prevent pollution in particular through the appropriate use of technology to limit discharge, emissions and waste;
d
necessary measures are taken to prevent accidents affecting the environment or, where they occur, to limit their consequences in relation to the environment;
e
the appropriate monitoring of the use and discharge of offshore chemicals is facilitated, and such conditions may include —
i
provisions relating to measurement techniques, technology and frequency and to evaluation procedures; and
ii
obligations to supply the Secretary of State with data required for checking compliance with the permit, including any data setting out the actual quantity, frequency and location of the use and discharge of any offshore chemicals which has occurred during a specified period;
f
long-distance or transboundary pollution is minimised; and
g
appropriate measures are taken in relation to conditions other than normal operating conditions including start-ups, leaks, malfunctions, temporary stoppages and permanent cessation of operations.
Requirements relating to permit applications
6
1
A permit application shall be made in writing and shall contain —
a
a description of the offshore installation on or from which the offshore chemical is to be used or discharged, and the location of the offshore installation in the relevant area;
b
a description of the proposed technology and other techniques for preventing or, where prevention is not possible, reducing the use or discharge of the offshore chemical from the offshore installation;
c
a description of the measures planned to monitor the use or discharge of the offshore chemical; and
d
an assessment of the risk of harm to the environment from the use and discharge of the offshore chemicals proposed.
2
The Secretary of State may by notice require a permit applicant —
a
to produce such evidence as the Secretary of State may reasonably call for to verify any information provided in the permit application; or
b
to provide such other information as the Secretary of State may specify for the purposes of properly considering a permit application in accordance with these Regulations.
Publicity for permit applications
7
1
Except where the permit application is one to which paragraph (2) applies, a permit applicant shall —
a
having regard to the general whereabouts of any persons likely to be interested in, or affected by, the use or discharge of any chemical to which the permit application relates, make a copy of the permit application available for public inspection at an address in the United Kingdom between the hours of 10 a.m. and 4 p.m. on business days for a period of not less than four weeks immediately following the publication (or last publication, where it is published in more than one newspaper or on more than one occasion) of the notice referred to in sub-paragraph (d);
b
make available at an address within the United Kingdom enough copies of the permit application to be likely to satisfy all reasonable demands for copies pursuant to sub-paragraph (c);
c
subject to sub-paragraph (b) and paragraph (3), supply during the period mentioned in sub-paragraph (a), a copy of the permit application;
d
publish in such newspapers on such occasions as to be likely to come to the attention of any persons likely to be interested in, or affected by, the use or discharge of any chemical to which the permit application relates, a notice which —
i
describes the permit application;
ii
gives the address referred to in sub-paragraph (a) at which a copy of the permit application may be inspected;
iii
states that a copy of the permit application may be obtained from the address referred to in sub-paragraph (b) and, subject to paragraph (3)(b), specifies the amount of any payment required to be tendered for a copy of the permit application; and
iv
states a date not less than four weeks after the date on which the notice is to be last published by which any person may make representations in relation to the permit application to the Secretary of State and specifies the address to which any such representations are to be sent; and
e
provide the Secretary of State with copies of the newspapers in which the notice referred to in sub-paragraph (d) appeared.
2
This paragraph applies to permit applications made —
a
in connection with a relevant project for which the Secretary of State gives a direction, pursuant to regulation 6 of the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 , that no environmental statement need be prepared;
b
in connection with a discharge from a pipeline, being a discharge to which the Secretary of State gives a consent pursuant to an authorisation issued under Part III of the Petroleum Act 1998 ; or
c
in connection with activities carried out in accordance with an abandonment programme approved by the Secretary of State under Part IV of the Petroleum Act 1998.
3
Where a permit applicant is subject to an obligation to supply a copy of a permit application pursuant to a request made under paragraph (1)(c), he —
a
shall supply a copy of the permit application to the person requesting it as soon as reasonably practicable after receipt of the request; and
b
may make the supply of a copy of the permit application conditional on the receipt by the permit applicant of a sum calculated by reference to the cost of printing and distributing copies of the permit application, subject to a maximum of £10 for each copy requested.
Fees
8
1
The Secretary of State may, in accordance with a charging scheme made by her for this purpose, charge operators fees in respect of any of the matters to which this paragraph applies.
2
The matters to which paragraph (1) applies are —
a
the grant of a permit;
b
the variation of a permit or the conditions to which it is subject;
c
the transfer or surrender of a permit;
d
the subsistence of a permit;
e
the testing or analysis of substances;
f
the validating of, or of the results of, any testing or analysis of substances; and
g
assessing how the environment might be affected by the release into it of any substances,
but paragraph (1) only applies to the matters referred to in sub-paragraphs (e) to (g) in cases where the testing, analysis, validating or assessing is in any way in anticipation of, or otherwise in connection with, the making of permit applications or is carried out in pursuance of conditions to which any permit is subject.
3
A charging scheme made under this regulation shall be so framed that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover such expenditure as may be incurred by or on behalf of the Secretary of State in connection with any of the matters to which paragraph (1) applies.
Duration of permits
9
A permit may be granted for a period specified in the permit or without limit of time.
Application for renewal of an existing permit
10
1
Where an operator proposes to continue to use or discharge from an offshore installation an offshore chemical after the expiry of any period specified in the permit, he may, subject to paragraph (2), apply to the Secretary of State to renew the permit.
2
An application for renewal of a permit pursuant to paragraph (1) shall be made in writing prior to, but no more than three months before, the expiry of the permit in question.
3
The Secretary of State may renew a permit pursuant to an application under this regulation, provided that she has consulted the consultation parties and taken into account any relevant representations made by them regarding the application.
4
Where the Secretary of State refuses an application under this regulation she shall serve a notice on the applicant which states that the application is refused.
5
Where the Secretary of State grants an application pursuant to paragraph (3) she may make the granting of the application subject to such further terms and conditions as she shall think fit and, once a notice giving details of such further terms and conditions has been served on the applicant, they shall have effect.
Variation of permit on application of operator
11
1
An operator may apply in writing for a variation of the terms and conditions of a permit relating to the use or discharge of an offshore chemical in the relevant area.
2
Where the Secretary of State determines that a variation applied for by the operator would not be a substantial change, she may grant the application and vary the terms and conditions of the permit accordingly provided that she has taken into account any relevant representations regarding the application made by the consultation parties.
3
Where the Secretary of State grants an application pursuant to paragraph (2), she may make the granting of the application subject to such further conditions as she shall think fit.
4
Where the Secretary of State determines that the change would be a substantial change she shall refuse the application and serve a notice on the applicant which states that —
a
the proposed change would be in the opinion of the Secretary of State a substantial change; and
b
the application is refused.
5
Where an application made pursuant to paragraph (1) is granted, the Secretary of State shall issue to the applicant a notice giving details of the revised terms and conditions and the revised terms and conditions shall have effect once this notice has been served on the applicant.
Reconsideration of permits and permit conditions
12
1
The Secretary of State may at such intervals as she shall think fit review any permit granted in accordance with these Regulations, together with the conditions attached to the permit.
2
The Secretary of State shall review the conditions of a permit where in her opinion the pollution or risk of pollution caused by the use or discharge of an offshore chemical is of such significance that any existing restrictions on the quantity, frequency or location of the use or discharge of such offshore chemical contained in a permit should be revised or new restrictions on the quantity, frequency or location should be included in the permit.
3
Where the Secretary of State considers that the conditions of a permit should be revised she shall give notice to the operator concerned of her intention to revise the permit and such notice shall —
a
give details of the conditions of the revised permit; and
b
specify a day (not less than 14 days after the day on which such notice is given) on which the revised permit will have effect.
4
The operator may make representations in writing as to whether the permit should be revised and as to the conditions of the revised permit.
5
Where no representations are received prior to the day specified under paragraph (3)(b), the permit shall be revised with effect from that day.
6
Where representations are received prior to the day specified under paragraph (3)(b), the Secretary of State shall consider them in determining whether or not the permit should be revised as originally notified under paragraph (3) and may determine —
a
that the permit shall be revised with effect from a later day than the day specified under paragraph (3)(b); and
b
that the permit shall be revised otherwise than as originally notified.
7
In exercising her powers under this regulation, the Secretary of State may take into account any relevant representations made by the consultation parties.
Revocation and surrender of permits
13
1
The Secretary of State may by notice revoke a permit granted pursuant to these Regulations where she is of the opinion that an application for the grant, renewal or variation of the permit in question contained any information or statement which was false or misleading in a material particular or where the operator in question has been guilty of a breach of any condition attached to the permit.
2
An operator to whom a permit has been granted may surrender the permit by notice to the Secretary of State.
Register to be kept by the Secretary of State
14
1
The Secretary of State shall keep a register at a place in the United Kingdom in which she shall cause to be entered —
a
the terms and conditions of any permits granted under these Regulations; and
b
the results of any monitoring information required to be sent to her under the conditions of any permit.
2
The register referred to in paragraph (1) shall be open to public inspection on business days from 10 a.m. until 4 p.m.
Provision of information to the Secretary of State
15
1
The operator shall forthwith provide the Secretary of State with details of any incident or accident involving an offshore chemical —
a
where there has been a breach of the permit or any of its conditions; or
b
where there has been, or may be, any significant effect on the environment.
2
For the purposes of this regulation “effect” includes any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect.
Appointment of inspectors
16
1
The Secretary of State may, if she thinks fit, appoint one or more inspectors —
a
to investigate whether the requirements, restrictions or prohibitions imposed by or under these Regulations have been, or are being complied with; or
b
to monitor the use or discharge of any offshore chemical.
2
The inspectors shall report their conclusions to the Secretary of State in such manner as the Secretary of State may direct.
3
An inspector appointed under paragraph (1) may for any of the purposes mentioned in that paragraph and on producing evidence of his appointment —
a
at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the use or discharge from an offshore installation of an offshore chemical, at any time) board any offshore installation;
b
on boarding an offshore installation take with him any other person authorised for those purposes by the Secretary of State and any equipment or materials that he thinks he may require;
c
make such examination or investigation as he considers necessary (including any examination or investigation of an offshore installation, for which purpose he may install or maintain monitoring or other apparatus on the offshore installation);
d
give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);
e
take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
take samples of any articles or substances found on the offshore installation or in the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the offshore installation;
g
in the case of any article or substance which he finds on the offshore installation, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that in the circumstances of the case is necessary);
h
in the case of any such article or substance as is mentioned in sub-paragraph (g), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed; and
iii
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
i
require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) —
i
to attend at a place and time specified by the inspector;
ii
to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask; and
iii
to sign a declaration of truth of his answers;
j
require the production of, and inspect and take copies of or of any entry in —
i
any records which by virtue of any provision of any permit granted under these Regulations are required to be kept;
ii
any records which he considers it necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c); and
k
require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.
4
Where an inspector considers that any activity in relation to the use or discharge of an offshore chemical involves a serious and imminent risk of pollution, he may give such directions in relation to that activity (including a direction requiring the cessation of that activity) as he considers necessary to avoid or minimise the risk of pollution in question.
5
An answer given by a person in compliance with a requirement imposed under paragraph (3)(i) shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings or, in Scotland, against that person in criminal proceedings.
6
In criminal proceedings in which such person as is mentioned in paragraph (5) is charged with an offence to which this paragraph applies no evidence relating to that person’s answer may be adduced and no question relating to it may be asked by or on behalf of the prosecution unless evidence relating to it is adduced by or on behalf of that person.
7
Paragraph (6) applies to any offence other than one —
a
under regulation 18(1)(e)(ii);
b
under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
c
under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
d
under article 10 of the Perjury (Northern Ireland) Order 1979 .
8
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on ground of legal professional privilege be entitled to withhold production on an order for disclosure or discovery in an action in the High Court or the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Appeal to High Court, Court of Session or High Court in Northern Ireland
17
1
Subject to paragraph (6), any permit applicant or any operator aggrieved by a decision of the Secretary of State made under these Regulations may appeal to the court.
2
Subject to paragraph (4), the expression “the court” means —
a
in respect of a decision relating to the use or discharge of an offshore chemical in the English area, the High Court;
b
in respect of a decision relating to the use or discharge of an offshore chemical in the Scottish area (excluding Scottish controlled waters), the Court of Session;
c
in respect of a decision relating to the use or discharge of an offshore chemical in the Northern Irish area, the High Court in Northern Ireland.
3
In this regulation the expressions “the English area”, “the Scottish area” and “the Northern Irish area” shall have the same meanings as in the Civil Jurisdiction (Offshore Activities) Order 1987 .
4
Where an offshore chemical is used or discharged or is to be used or discharged in more than one of the areas referred to in paragraphs (2) and (3), any of the courts having jurisdiction in the area or areas where the offshore chemical is used or discharged or is to be used or discharged shall have jurisdiction in relation to the decision in question.
5
Unless the court otherwise orders, any decision of the Secretary of State which is the subject of an appeal under paragraph (1) shall remain in force pending a final disposal of that appeal.
6
An appeal under this regulation shall be made within 28 days of written notification of the decision in question.
Offences
18
1
Subject to paragraph (2), a person is guilty of an offence if he —
a
contravenes regulation 3(1);
b
fails to comply with the terms of a direction given under regulation 16(4);
c
fails to supply any information required to be supplied by virtue of regulation 3(3) or 15;
d
fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations;
e
knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement —
i
is made in connection with or for the purposes of any permit application or any application under regulations 10 or 11; or
ii
is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 16;
f
wilfully obstructs an inspector appointed under regulation 16; or
g
without reasonable excuse fails to comply with a requirement imposed in pursuance of regulation 16 or prevents another person from complying with such a requirement.
2
Where a person is charged with an offence under paragraph (1)(a) or (1)(b), it is a defence to prove that the contravention —
a
arose as a result of something which could not have been reasonably prevented by him; or
b
was due to something done as a matter of urgency for the purposes of securing the safety of any person.
3
A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
4
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
7
Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
8
Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for an offence under this regulation.
Service of notices
19
1
Any notice or other document required or authorised to be given to, or served on, any person under these Regulations may be given or served by —
a
delivering it to that person;
b
leaving it at his proper address;
c
sending it to his proper address by post; or
d
using electronic communication for sending it to such address as may for the time being be notified by that person for that purpose.
2
Any notice or other document required or authorised to be given to, or served on, any body corporate or unincorporated association other than a partnership shall be duly given to, or served on, the secretary or clerk or other similar officer of that body.
3
Any notice or other document required or authorised to be served on, or given to, any partnership (including a Scottish partnership) shall be duly given to, or served on, a partner or a person having the control or management of the partnership business.
4
Subject to paragraph (5), for the purpose of this regulation, the proper address of any person on whom or to whom any such notice or document is to be served or given shall be his last known address except that such address shall be —
a
in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
b
in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and
c
in the case of a partnership (including a Scottish partnership) or a person having control or the management of the partnership business, the address of the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
5
If the person to be served with or given any such notice or document has furnished the person by whom the notice or document is to be served or given with an address pursuant to any provision of these Regulations, that address shall also be treated for the purpose of this regulation as his proper address.
Amendment of the Deposits in the Sea (Exemptions) Order 1985
20
1
The Deposits in the Sea (Exemptions) Order 1985 is amended in accordance with the following provisions of this regulation.
2
In paragraph 14 of the Schedule, the word “chemicals,” shall be deleted.
3
After paragraph 15 of the Schedule, the following paragraph shall be added —
15A
Deposit for which a permit is required under the Offshore Chemicals Regulations 2002, or for which a permit would be required but for —
a
the provisions of regulation 3(2) of those Regulations, or
b
the fact that the deposit (being a deposit made on or after the day on which those Regulations came into force) was made before the prescribed date within the meaning of those Regulations.
Amendment of the Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995
21
1
The Deposits in the Sea (Exemptions) Order (Northern Ireland) 1995 is amended in accordance with the following provisions of this regulation.
2
In paragraph 13 of the Schedule, the word “chemicals,” shall be deleted.
3
After paragraph 14 of the Schedule, the following paragraph shall be added —
14A
Deposit for which a permit is required under the Offshore Chemicals Regulations 2002, or for which a permit would be required but for —
a
the provisions of regulation 3(2) of those Regulations, or
b
the fact that the deposit (being a deposit made on or after the day on which those Regulations came into force) was made before the prescribed date within the meaning of those Regulations.
Brian Wilson
Minister of State for Energy and Construction,
Department of Trade and Industry
14th May 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste Incineration (England and Wales) Regulations 2002.
2
These Regulations shall come into force on 28th December 2002.
3
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations —
“the 1990 Act ” means the Environmental Protection Act 1990 ;
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
“authorisation” means an authorisation granted under section 6 of the 1990 Act;
“existing waste incineration installation” means a waste incineration installation which —
in the case of an installation which is a co-incineration plant, is put into operation before 28th December 2004 subject to a relevant approval; or
in any other case —
is put into operation before 28th December 2003 subject to a relevant approval granted before 28th December 2002; or
is put into operation before 28th December 2004 subject to a relevant approval granted on the basis of a duly made application submitted before 28th December 2002;
and where an installation becomes authorised as a waste incineration installation for the first time as a result of a modification or variation pursuant to section 10, 11 or 37 of the 1990 Act or regulation 17 of the 2000 Regulations, references in this definition to a relevant approval shall be construed as references to that modification or variation and not to the original relevant approval, and references to the grant of an approval shall be construed as references to the service of the notice effecting the modification or variation; and
“relevant approval” means any of the following —
a permit;
an authorisation;
a waste management licence granted under section 36 of the 1990 Act; or
an exemption registered under regulation 18 of the Waste Management Licensing Regulations 1994 , and the entry of particulars in the register under regulation 18 of those Regulations shall be treated as the grant of a relevant approval for the purposes of the definition of “existing waste incineration installation”.
2
In these Regulations, words and expressions which are defined in the 2000 Regulations shall have the same meaning as in those Regulations.
Applications in relation to waste incineration installations
3
1
Where an existing waste incineration installation is on 31st December 2004 subject to a permit, the operator shall within the period 1st January to 31st March 2005 make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of that permit.
2
Where an existing waste incineration installation (not being one falling within Section 5.1 of Part 1 of Schedule 1 of the 2000 Regulations) is on 31st December 2004 subject to an authorisation, the operator shall within the period 1st January to 31st March 2005 either —
a
apply under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or
b
make an application for a permit under regulation 10 of the 2000 Regulations.
3
An application under paragraph (1) or (2) shall contain the information specified in paragraph 1B of Part 1 of Schedule 4 of the 2000 Regulations.
4
Where a waste incineration installation would have fallen within paragraph (a), (b)(i) or (b)(ii) of the definition of existing waste incineration installation in regulation 2 had it been put into operation before the date specified in the applicable paragraph, it shall not thereafter be put into operation unless —
a
in the case of an installation which is already subject to a permit, the permit is varied pursuant to an application under regulation 17 of the 2000 Regulations; or
b
in any other case, a permit is granted in relation to the installation.
5
Where an operator fails to comply with any of the requirements of this regulation the regulator shall serve a notice on the operator specifying the relevant requirement, requiring him to comply with that requirement and specifying the period within which it must be complied with.
6
A notice served under paragraph (5) shall be treated as an enforcement notice served under regulation 24(1) of the 2000 Regulations.
Transitional provisions
4
Part 1 of Schedule 3 to the 2000 Regulations shall apply in relation to any installation or mobile plant which by virtue of these Regulations becomes a Part A installation or Part A mobile plant (but which would otherwise not have been an installation or mobile plant or would have been a Part B installation or Part B mobile plant) as if —
a
in paragraph 1 the prescribed date for a new Part A installation or new Part A mobile plant were 28th December 2002;
b
in paragraph 4 —
i
sub-paragraph (1) were omitted; and
ii
in sub-paragraph (2) for “1st January 2001” there were substituted “28th December 2002”; and
c
in paragraph 6 —
i
for the definition of “existing” there were substituted —
“existing” means, in relation to a Part A installation or a Part A mobile plant —
an installation or mobile plant which is put into operation before 28th December 2002;
an installation or mobile plant which is put into operation on or after that date if —
its operation was authorised by the relevant authorisation before that date; or
an application for such authorisation was duly made before that date
;
ii
in the definition of “new” for “31st October 1999” there were substituted “28th December 2002”; and
iii
in the definition of “relevant authorisation” for “31st October 1999” (in both places where it occurs) there were substituted “28th December 2002”.
Amendments to the 2000 Regulations
5
1
The 2000 Regulations have effect subject to the following amendments.
2
In regulation 2 (interpretation: general) —
a
in paragraph (1), after the definition of “variation notice” insert —
“waste incineration installation” means that part of an installation or mobile plant in which any of the following activities is carried out —
the incineration of waste falling within Section 5.1A(1)(a), (b) or (c) or A(2) of Part 1 of Schedule 1; or
any activity falling within any Section of that Part of that Schedule which is carried out in a co-incineration plant as defined in Section 5.1 of that Part of that Schedule
; and
b
after paragraph (2A) insert —
2B
For the purposes of these Regulations a change in the operation of a waste incineration installation which involves incineration or co-incineration for the first time of hazardous waste shall be treated as a substantial change in operation, and for the purposes of this paragraph “co-incineration” and “hazardous waste” shall have the meanings given in Section 5.1 of Part I of Schedule 1.
3
In regulation 19 (application to surrender a permit for a Part A installation or Part A mobile plant) —
a
in paragraph (1), delete “This regulation” and substitute “Subject to paragraph (1A) this regulation”; and
b
after paragraph (1) insert —
1A
This regulation does not apply in relation to that part of any installation or mobile plant where an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1 is carried out.
4
In regulation 20 (notification of surrender of a permit for a Part B installation or Part B mobile plant) after paragraph (1) insert —
1A
This regulation also applies in relation to that part of any installation or mobile plant where an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1 is carried out.
5
In Part 1 of Schedule 1 (Activities, Installations and Mobile Plant) —
a
delete Section 5.1 and substitute —
Section 5.1 — Incineration and Co-incineration of Waste
Part A(1)
a
The incineration of hazardous waste in an incineration plant.
b
Unless carried out as part of any other Part A(1) activity, the incineration of hazardous waste in a co-incineration plant.
c
The incineration of non-hazardous waste in an incineration plant with a capacity of 1 tonne or more per hour.
d
Unless carried out as part of any other activity in this Part, the incineration of hazardous waste in a plant which is not an incineration plant or a co-incineration plant.
e
Unless carried out as part of any other activity in this Part, the incineration of non-hazardous waste in a plant which is not an incineration plant or a co-incineration plant but which has a capacity of 1 tonne or more per hour.
Part A(2)
a
The incineration of non-hazardous waste in an incineration plant with a capacity of less than 1 tonne per hour.
b
Unless carried out as part of any other Part A activity, the incineration of non-hazardous waste in a co-incineration plant.
Part B
a
The incineration of non-hazardous waste in a plant which is not an incineration plant or a co-incineration plant but which has a capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.
b
The cremation of human remains.
Interpretation of Section 5.1
In this Section —
“co-incineration” means the use of wastes as a regular or additional fuel in a co-incineration plant or the thermal treatment of waste for the purpose of disposal in a co-incineration plant;
“co-incineration plant” means any stationary or mobile plant whose main purpose is the generation of energy or production of material products and:
which uses wastes as a regular or additional fuel; or
in which waste is thermally treated for the purpose of disposal.
If co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as an incineration plant.
This definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions; but does not cover co-incineration in an excluded plant;
“excluded plant” means —
a plant treating only the following wastes —
vegetable waste from agriculture and forestry;
vegetable waste from the food processing industry, if the heat generated is recovered;
fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;
wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;
cork waste;
radioactive waste;
animal carcasses as regulated by Council Directive 90/667/ EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC ; or
waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation; and
an experimental plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year;
“hazardous waste” means any solid or liquid waste as defined in Article 1(4) of Council Directive 91/689/EEC on hazardous waste except for —
combustible liquid wastes including waste oils as defined in Article 1 of Council Directive 75/439/EEC on the disposal of waste oils provided that they meet the following criteria —
the mass content of polychlorinated aromatic hydrocarbons, for example polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation ;
these wastes are not rendered hazardous by virtue of containing other constituents listed in Annex II to Council Directive 91/689/EEC on hazardous waste in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of Council Directive 75/442/EEC on waste ; and
the net calorific value amounts to at least 30 MJ per kilogramme;
any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gasoil as defined in Article 1(1) of Council Directive 93/12/EEC relating to the sulphur content of certain liquid fuels or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;
“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated. This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.
This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pre-treatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration operations recording and monitoring incineration conditions; but does not cover incineration in an excluded plant;
“non-hazardous waste” means waste which is not hazardous waste;
“waste” means any solid or liquid waste as defined in Article 1(a) of Council Directive 75/442/EEC on waste
; and
b
in Part A(1)(c) of Section 6.8 after “rendering” insert “or by incineration falling within Section 5.1 of this Part of this Schedule”.
6
In Part 3 of Schedule 1 (interpretation of “Part A installation” etc. ) —
a
in paragraph 17(2)(a) after “this Schedule” insert “or the incineration of waste in a waste incineration installation”; and
b
delete paragraph 18.
7
In Part 1 of Schedule 3 (prescribed date and transitional arrangements) —
a
in the table which follows paragraph 2(2) delete that part of the table which relates to activities falling within Section 5.1 and substitute —
Section 5.1 Part A(1) Paragraphs (a), (b), (c) 1st January to 31st March 2005 Part A(1) Paragraphs (d), (e) 1st June to 31st August 2005 Part A(2) 1st January to 31st March 2005
b
in the definition of “existing” in paragraph 6, in sub-paragraph (a) after “operation” insert “pursuant to a relevant authorisation granted”.
8
In Part 1 of Schedule 4 (applications for permits) —
a
in sub-paragraph (1)(d) after “Part A mobile plant” insert “(but excluding any part of such an application which relates to an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1)”;
b
after paragraph 1A insert —
1B
1
Subject to sub-paragraph (2), an application for a permit to operate a waste incineration installation shall in addition contain a description of the measures which are envisaged to guarantee in respect of that installation that —
a
the plant is designed, equipped and will be operated in such a manner that the requirements of European Parliament and Council Directive 2000/76/ EC on the incineration of waste are met, taking into account the categories of waste to be incinerated;
b
the heat generated during the incineration and co-incineration process is recovered as far as practicable, for example through combined heat and power, the generating of process steam or district heating;
c
the residues will be minimised in their amount and harmfulness and recycled where appropriate;
d
the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and Community legislation; and
e
the proposed measurement techniques for emissions into the air comply with Annex III of European Parliament and Council Directive 2000/76/EC on the incineration of waste and, as regards water, comply with paragraphs 1 and 2 of that Annex.
2
Sub-paragraph (1) shall not apply in relation to an application which is duly made before 28 December 2002, or in the case of any installation which is a co-incineration plant as defined in Section 5.1 of Part 1 of Schedule 1, before 28 August 2004.
9
In Part 1 of Schedule 7 (variation of conditions), after paragraph 1(f) insert —
g
in the case of an application for the variation of the conditions of a permit in respect of a waste incineration installation the information specified in paragraph 1B of Schedule 4, or where such information has previously been included in an application made under these Regulations, a statement of any changes as respects the matters dealt with in paragraph 1B of Schedule 4 which would result if the proposed change in the operation of the installation or mobile plant requiring the variation were made
.
10
In Schedule 9 (registers) at the end of paragraph 1 insert —
aa
a list which identifies all waste incineration installations which have a capacity of less than two tonnes per hour and which are the subject of a permit or an authorisation granted under section 6 of the Environmental Protection Act 1990 containing conditions which give effect to the provisions of European Parliament and Council Directive 2000/76/EC on the incineration of waste
.
Amendments to the Waste Management Licensing Regulations 1994
6
1
The Waste Management Licensing Regulations 1994 have effect subject to the following amendments.
2
In regulation 16 (exclusion from waste management licensing), at the end of sub-paragraph (ba) of paragraph (1) insert “or a Part A(2) installation which is a waste incineration installation within the meaning of the 2000 Regulations”.
3
In Schedule 3 (exempt activities) —
a
delete paragraphs 3(d) and (e); and
b
in paragraph 29 delete “or an exempt incineration plant for the purposes of Section 5.1 of Part 1 of Schedule 1 to the 2000 Regulations”.
Michael Meacher,
Minister of State,
Department for Environment, Food and Rural Affairs
3rd December 2002


text:
Citation and commencement
1
This Order may be cited as the Social Security Administration Act 1992 (Amendment) Order 2002 and shall come into force on 1st April 2002.
Persons from whom information may be obtained
2
In section 109B of the Social Security Administration Act 1992 (power to require information), in subsection (2A) —
a
after paragraph (a) insert —
aa
the Director of National Savings;
;
b
for paragraph (c) substitute —
c
any insurer;
;
c
for paragraph (h) substitute —
h
any person who —
i
is the holder of a licence under section 7 of the Gas Act 1986 (c. 44) to convey gas through pipes, or
ii
is the holder of a licence under section 7A(1) of that Act to supply gas through pipes;
;
d
for paragraph (i) substitute —
i
any person who (within the meaning of the Electricity Act 1989 (c. 29) ) distributes or supplies electricity;
.
Definitions of persons from whom information may be obtained
3
In section 109B of the Social Security Administration Act 1992 (power to require information) —
a
in subsection (7) —
i
for the definition of “bank” substitute —
“bank” means —
a person who has permission under Part IV of the Financial Services and Markets Act 2000 (c. 8) to accept deposits;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits or other repayable funds from the public; or
a person who does not require permission under that Act to accept deposits, in the course of his business in the United Kingdom;
;
ii
after the definition of “credit” insert —
“insurer” means —
a person who has permission under Part IV of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance;
;
b
after subsection (7) insert —
7A
The definitions of “bank” and “insurer” in subsection (7) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th March 2002


text:
1
This Order may be cited as the A16 Trunk Road (Stamford to North East Lincolnshire) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A16 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/405, marked “The A16 Trunk Road (Stamford to North East Lincolnshire) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of East Cambridgeshire (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of East 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 East 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 East Cambridgeshire District Council.
Wards of the district of East Cambridgeshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Ely
4
1
The existing wards of the parish of Ely shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Ely East, Ely North, Ely South and Ely West; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Ely East, Ely South and Ely West parish wards shall be three and for the Ely North parish ward shall be six.
Wards of the parish of Littleport
5
1
The parish of Littleport shall be divided into two parish wards which shall bear the names Littleport East and Littleport West; each parish ward shall comprise the area of the district ward bearing the same name.
2
The number of councillors to be elected for the Littleport East parish ward shall be seven and for the Littleport West parish ward shall be eight.
Wards of the parish of Soham
6
The parish of Soham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Woodditton
7
The parish of Woodditton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
8
East Cambridgeshire District Council shall make a print of the map marked “Map referred to in the District of East Cambridgeshire (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
9
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The District of East Cambridgeshire (Electoral Arrangements) Order 1980 is revoked, save for article 4.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations apply only in relation to Health Authorities established for areas in England.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“ Implementation Directions ” means the Health Authorities and Primary Care Trusts Implementation of Pilot Schemes (Personal Medical Services) Directions 2001 ;
“personal medical services” has the meaning ascribed by section 1(8) of the 1997 Act;
“pilot scheme agreement” means an agreement which constitutes, or is one of the agreements which together constitute, a pilot scheme;
“practice” means one which consists of —
a single medical practitioner who is on the medical list of a Health Authority and who practices otherwise than in partnership, or
two or more medical practitioners who practise in partnership with each other, each or all of whom is or are on the medical list of a Health Authority;
“services” means —
services provided under Part II of the Act; or
personal medical services;
“supplementary list” means a list prepared under section 43D of the Act.
Prescribed functions of Health Authorities
2
1
For the purposes of section 15(1)(b) and (1ZA) of the Act each Health Authority shall have the functions set out in the following paragraphs.
2
Subject to paragraphs (3) and (4), each Health Authority may provide support to a practice or a provider of personal medical services by —
a
employing medical practitioners to act as deputies for medical practitioners providing general medical services or performing personal medical services in their area; and
b
employing other persons to assist in the provision of general medical services or personal medical services.
3
A Health Authority shall only employ a medical practitioner to provide support under paragraph (2) if he is included in a medical list, a supplementary list or is named as a performer of personal medical services in a pilot scheme agreement.
4
Before a Health Authority provides support under paragraph (2), it must reach agreement with the practice or provider to whom the support is to be given on the arrangements for providing the support.
5
Each Health Authority shall, after consultation with the Local Medical Committee and other persons appearing to it to be appropriate, provide an appraisal scheme for —
i
medical practitioners providing general medical services under Part II of the Act;
ii
medical practitioners primarily responsible for the performance of personal medical services who are required to be named in the pilot scheme agreement and hold a list of patients in accordance with paragraph 6(1) of the Implementation Directions.
John Hutton
Minister of State,
Department of Health
8th March 2002