text:
Citation and commencement
1
1
This Order may be cited as the City of Norwich (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“city” means the city of Norwich;
“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 City of Norwich (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 Norwich City Council
Wards of the city of Norwich
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into thirteen wards which shall bear the names set out in the Schedule.
3
The number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse of similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Norwich
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Norwich City Council shall make a print of the map marked “Map referred to in the City of Norwich (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the city 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
7
The City of Norwich (Electoral Arrangements) Order 1977 is revoked, save for articles 8 and 9(6).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (Amendment) (England) Regulations 2002 and shall come into force on 1st September 2002.
2
The Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 shall be amended as follows.
3
After paragraph 18 of Schedule 2 the following paragraph shall be inserted —
19
A person who has successfully completed the Service Children’s Education Schools Induction Programme in Germany or Cyprus.
.
David Miliband
Minister of State,
Department for Education and Skills
5th August 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Melton (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 —
“borough” means the borough of Melton;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of Melton (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 Melton Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Melton
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Sproxton
4
1
The existing wards of the parish of Sproxton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Saltby, Sproxton and Stonesby; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be two.
Maps
5
Melton Borough Council shall make a print of the map marked “Map referred to in the Borough of Melton (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Melton (Electoral Arrangements) Order 1977 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
4th October 2002
Glyn Mathias
Commissioner
4th October 2002
Neil McIntosh
Commissioner
4th October 2002
Karamjit Singh
Commissioner
4th October 2002
Sam Younger
Commissioner
4th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2002 and shall come into force on 4th September 2002.
Amendment of Regulation 60
2
1
Regulation 60 of the Road Vehicles (Construction and Use) Regulations shall be amended as follows.
2
Paragraph (1C) shall be deleted and the following shall be substituted:
1C
— Subject to paragraph (1F), the requirements of Community Directive 72/245/ EC as amended by Community Directive 95/54/EC shall be met by electrical/electronic sub-assemblies as components or separate technical units first used on or after 1 October 2002.
3
In Paragraph (1D), the words “EC Regulation 10 or 10.01” shall be deleted and the following shall be substituted: “ ECE Regulations 10, 10.01 or 10.02”
4
Paragraph (1F) shall be deleted and the following shall be substituted:
1F
— The requirements of paragraph (1C) shall not apply to electrical/electronic sub-assemblies of the following descriptions —
a
replacement parts intended for use on vehicles manufactured in accordance with type approvals granted before 1 January 1996 in compliance with Community Directive 72/245/ EEC or Community Directive 72/306/EEC including any subsequent extension that may have been granted to such type approvals;
b
electrical/electronic sub-assemblies fitted to any vehicle under an authorisation having effect under Part III of the Police Act 1997 or Part II of the Regulation of Investigatory Powers Act 2000 .
Amendment of Schedule 2, Table II
3
1
After Item 2 in column 1 of Table II in Schedule 2 shall be inserted the following:
2A 10.02 8.12.97 Radio interference suppression 2B 10.02 Amend. 1 9.7.99 Radio interference suppression 2C 10.02 Corr. 1 11.2.00 Radio interference suppression
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
13th August 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 15) Order 2002.
2
In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Amendment of earlier Order
2
In the Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002 article 2(h) and (k) (appointed day for coming into force of paragraphs 67 to 72 of Schedule 12 and section 84(1) so far as relating to those paragraphs) shall be omitted.
Appointed days
3
The day appointed for the coming into force of —
a
section 84(1) (consequential amendments etc. ), so far as relating to paragraphs 67 to 72 of Schedule 12;
b
paragraphs 67 to 72 of Schedule 12 (consequential amendments to the Bankruptcy (Scotland) Act 1985 and the Insolvency Act 1986 ),
is 26th March 2002 for the purposes of making regulations and 6th April 2002 for all other purposes.
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:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 and shall come into force on 8th April 2002.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following paragraphs of this regulation.
2
In the definition of “hostel” in paragraph 1(1), for “19(3)” there shall be substituted “2(1)”.
3
In paragraph 4 (miscellaneous accommodation costs) —
a
in sub-paragraph (1) —
i
in paragraph (a), for “19(3)” there shall be substituted “2(1)”;
ii
in paragraph (b), the words “Schedule 4 (persons in residential care and nursing homes) or” and “Schedule 4 (applicable amounts of persons in residential care and nursing homes) or” shall be omitted;
b
in sub-paragraph (2) —
i
paragraph (a) shall be omitted;
ii
in paragraph (ab) —
aa
for the words from “does not have a preserved right” to “1948” there shall be substituted the words “is not in residential accommodation for the purposes of the Income Support Regulations or, as the case may be, for the purposes of the Jobseeker’s Allowance Regulations,”;
bb
for the words from “will equal the aggregate of the amounts” to the end of the paragraph there shall be substituted the words “will equal the amount prescribed in respect of personal expenses in paragraph 13(1) of Schedule 7 to the Income Support Regulations or, as the case may be, in paragraph 15(1) of Schedule 5 or paragraph 9(1) of Schedule 5A to the Jobseeker’s Allowance Regulations;”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
In Schedule 3A to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker’s allowance) —
a
after paragraph 3(a), there shall be inserted the following sub-paragraph —
aa
income support is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Income Support Regulations;
;
b
after paragraph 8(a), there shall be inserted the following sub-paragraph —
aa
jobseeker’s allowance is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Jobseeker’s Allowance Regulations;
.
Amendment of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001
4
1
The Schedule to the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 shall be amended in accordance with the following paragraphs of this regulation.
2
In Part I —
a
in paragraph 12 —
i
before sub-paragraph (a), there shall be inserted the following sub-paragraph —
za
in paragraph (1)(a), “(b),” shall be omitted;
;
ii
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
in paragraph (1)(d), “(b) or” shall be omitted;
;
b
for paragraph 14(b)(ii), there shall be substituted the following —
ii
in paragraph (a), the words “pursuant to sub-paragraph (4A)” shall be omitted;
;
c
after paragraph 17(h), there shall be added the following sub-paragraph —
i
in column (2) of paragraph 19A , in sub-paragraph (2), “or 4” shall be omitted.
.
3
In Part II —
a
in paragraph 15 —
i
before sub-paragraph (a), there shall be inserted the following sub-paragraph —
za
in paragraph (1)(a), “(b),” shall be omitted;
;
ii
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
in paragraph (1)(d), “(b) or” shall be omitted;
;
b
in paragraph 16 —
i
for “148” there shall be substituted “148A”;
ii
before sub-paragraph (a), there shall be inserted the following sub-paragraph —
za
in paragraph (1)(a), “(b),” shall be omitted;
;
iii
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
in paragraph (1)(d), “(b) or” shall be omitted;
;
c
for paragraph 18(b)(ii), there shall be substituted the following —
ii
in paragraph (a), the words “pursuant to sub-paragraph (5)” shall be omitted;
;
d
in paragraph 20(b), for the word “both” there shall be substituted the word “all”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st February 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2002 and shall come into force on 1st October 2002 immediately after the Exchange Gains and Losses (Transitional Provisions and Savings) Regulations 2002 .
2
These Regulations have effect in relation to accounting periods beginning on or after 1st October 2002.
Interpretation
2
1
In these Regulations —
“Chapter 2” means Chapter 2 of Part 4 of the Finance Act 1996;
“chargeable gain” and “allowable loss” have the same meaning as they have for the purposes of the 1992 Act ;
“foreign business asset”, in relation to a company, means an asset of part of a business in relation to which the company prepares —
accounts using the closing rate/net investment method as mentioned in subsection (2)(a) or (3)(a) of section 93A of the Finance Act 1993 , or
a return of accounts using that method as mentioned in subsection (2)(b) or (3)(b) of that section;
“a no gain/no loss disposal” means a disposal on which neither a gain nor a loss accrues by virtue of any of the following provisions of the 1992 Act —
section 139 ;
section 140A ;
section 171 ;
section 215; and
section 216 ;
“original shares” and “new holding” have the same meaning as in section 127 of the 1992 Act or (as the case may be) that section as applied by virtue of any enactment relating to chargeable gains;
“paragraph 16” means paragraph 16 of Schedule 26 to the Finance Act 2002;
“section 84A” means section 84A of the Finance Act 1996;
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 ;
“the 1994 Regulations ” means the Exchange Gains and Losses (Alternative Method of Calculation of Gain or Loss) Regulations 1994 .
2
In these Regulations —
a
any reference to a disposal of an asset shall be construed as a reference to any event which is or is treated as a disposal for the purposes of the 1992 Act; and
b
any reference to the time of the disposal of an asset shall be construed as a reference to the time at which the disposal occurs for the purposes of that Act,
and, for the purposes of this paragraph, any reference to a disposal includes a part disposal.
3
In these Regulations —
a
any reference to an asset which is a ship or aircraft includes a reference to a contract —
i
to which section 67 of the Capital Allowances Act 2001 applies; and
ii
which relates to plant or machinery which is a ship or aircraft; and
b
any reference to a disposal of an asset which is a ship or aircraft by a person includes a reference to the case where a person ceases to be entitled to the benefit of such a contract and does not then in fact become the owner of the plant or the machinery to which the contract relates.
Prescribed circumstances in which regulation 4 applies
3
1
Regulation 4 applies in either of the circumstances prescribed by paragraphs (2) and (3) below.
2
The circumstances prescribed by this paragraph are where there is a disposal of an asset by a company and —
a
any exchange gain or loss arose to the company in relation to the asset in an accounting period beginning on or after 1st October 2002; and
b
in accordance with generally accepted accounting practice an amount representing the whole or part of an exchange loss or gain which arises to the company in relation to a liability representing a loan relationship of the company or an obligation under a derivative contract —
i
was carried to or sustained by the reserve mentioned in subsection (5) of section 84A or sub-paragraph (4) of paragraph 16; and
ii
was set off by or against an amount which represents the whole or part of an exchange gain or loss arising in relation to the asset and falls within subsection (6) of section 84A or sub-paragraph (5) of paragraph 16.
3
The circumstances prescribed by this paragraph are where there is a disposal of an asset by a company and there is in relation to the asset any of the following —
a
a deemed disposal under regulation 7(1A) of the 1994 Regulations (as modified by the Exchange Gains and Losses (Transitional Provisions and Savings) Regulations 2002 );
b
a deferred gain or loss under regulation 8 of the 1994 Regulations in relation to which paragraph (3) or (4) of that regulation did not apply immediately before the relevant day;
c
a deferred gain or loss under regulation 9 of the 1994 Regulations in relation to which paragraph (3)(a) or (b) or paragraph (4)(a) or (b) of that regulation, as the case may be, did not apply immediately before the relevant day.
4
In paragraph (3)(b) and (c) above “the relevant day” means the first day of the company’s first accounting period to begin on or after 1st October 2002.
General rule for bringing amounts into account
4
1
For the purposes of the 1992 Act, there shall be brought into account for the accounting period in which the disposal of the asset occurs —
a
as a chargeable gain accruing to the company at the time of the disposal, the amount of any net gain; or
b
as an allowable loss accruing to the company at the time of the disposal, the amount of any net loss.
2
Paragraph (1) above does not have effect if the asset disposed of —
a
is a foreign business asset immediately before its disposal; or
b
consists of shares or an asset related to shares on the disposal of which no chargeable gain is treated as accruing by virtue of Part 1 of Schedule 7AC to the 1992 Act .
3
Paragraph (1) above is subject to regulations 6 and 8.
Calculation of the amount of any net gain or net loss for the purposes of regulation 4
5
1
The amount of any net gain or net loss referred to in regulation 4(1) shall be calculated in accordance with this regulation.
2
Subject to paragraph (4) below, the amount of any net gain or loss shall be calculated by finding the aggregate of the amounts representing exchange gains or losses which accrued in relation to liabilities matched with the asset disposed of during the period in which the asset was held by the company disposing of it.
3
The aggregate referred to in paragraph (2) above shall be found in any manner that is just and reasonable having regard to —
a
the effect of regulation 6 in the accounting period in which the disposal occurs or in any earlier accounting period; and
b
the way in which such an aggregate was found for any earlier accounting period in accordance with this regulation.
4
Notwithstanding that a loss accruing to a company on the disposal of the asset is not deductible except from a chargeable gain of the kind mentioned in section 18(3) of the 1992 Act, where the aggregate referred to in paragraph (2) would be an amount of net gain for the purposes of regulation 4(1) in relation to that disposal, the amount of such a loss may be deducted from the aggregate.
Assets representing certain loan relationships and ships or aircraft
6
1
This paragraph applies where the asset disposed of —
a
represents a loan relationship of the company other than one which falls within section 92 or 93 of the Finance Act 1996 at the time of the disposal, or
b
is a ship or aircraft.
2
Where paragraph (1) applies, the amount to be brought into account under regulation 4(1) shall not be brought into account, for the purposes of the 1992 Act, as a chargeable gain or allowable loss but instead, for the purposes of Chapter 2, as a credit or a debit (according to whether it is an amount of net gain or net loss) in respect of the loan relationships of the company.
3
Where the asset disposed of represents a loan relationship which falls within section 92 of the Finance Act 1996 at the time of the disposal —
a
the amount of any net gain or loss to be brought into account under regulation 4(1) shall be calculated in accordance with regulation 5 only by reference to exchange gains or losses which accrued in relation to liabilities matched with the asset disposed of during accounting periods beginning before 1st October 2002; and
b
for the purposes of Chapter 2 —
i
the amount of any relevant exchange losses shall be brought into account as a credit in respect of the loan relationships of the company; and
ii
the amount of any relevant exchange gains shall be brought into account as a debit in respect of those loan relationships.
4
For the purposes of paragraph (3)(b) above, relevant exchange gains or, as the case may be, losses in the case of the asset are the amounts of any exchange gains or, as the case may be, losses which, if section 84A(3) of the Finance Act 1996 had not had effect in relation to them —
a
would have been brought into account under subsection (2)(b) of section 92 of that Act in respect of the asset; and
b
for the purposes of subsection (5A) of that section would have been relevant exchange gains or, as the case may be, losses in the case of the asset.
Regulations 5 and 6: supplementary
7
1
This regulation has effect for the purposes of regulations 5 and 6.
2
References to the asset disposed of include references to any predecessor asset which was —
a
original shares; or
b
“the old asset” construed in accordance with section 116 of the 1992 Act .
3
References to the company disposing of the asset include references to any predecessor company which was “the disposing company” for the purposes of regulation 8 of the 1994 Regulations.
4
In respect of any time falling within an accounting period beginning before 1st October 2002 a liability is matched with an asset to the extent that it is matched in accordance with an election under regulation 10 of the 1994 Regulations.
5
In respect of any time falling within an accounting period beginning on or after 1st October 2002 —
a
a liability is fully matched with an asset where an amount representing the whole of an exchange gain or loss arising in relation to the liability is treated as mentioned in subsection (5) of section 84A or sub-paragraph (4) of paragraph 16; and
b
where the amount treated as mentioned in that subsection or that sub-paragraph represents only part of an exchange gain or loss, the liability shall be treated as being matched only to the corresponding extent.
6
Where in any accounting period beginning on or after 1st October 2002 —
a
a company holds more than one asset in relation to which there are amounts falling within subsection (6) of section 84A or sub-paragraph (5) of paragraph 16; and
b
the assets are denominated and the liabilities are expressed in the same currency,
the extent to which an asset is matched shall be determined in accordance with the rules set out in paragraph (7) below.
7
The following rules shall apply in relation to —
a
any disposal of an asset occurring before the relevant disposal;
b
any asset held at the time of the relevant disposal.
Rule 1
Liabilities are to be regarded as having been matched to the greatest possible extent with assets which —
represent loan relationships of the company (other than ones which fall within section 93 of the Finance Act 1996); or
are ships or aircraft.
Rule 2
Subject to Rule 1, liabilities are to be regarded as having been matched to the greatest possible extent with assets (other than foreign business assets) on the disposal of which a chargeable gain accrues or would accrue.
Rule 3
Subject to Rules 1 and 2, liabilities are to be regarded as having been matched with assets —
on the disposal of which no chargeable gain is treated as accruing by virtue of Part 1 of Schedule 7AC to the 1992 Act;
on a disposal of which no chargeable gain would be treated as accruing by virtue of that Part if the disposal were made on a date falling more than twelve months after the date of the relevant disposal but excluding assets which —
are actually disposed of on a date falling less than twelve months after the date of the relevant disposal, and
have been held for less than twelve months at the date of the actual disposal; or
which are foreign business assets held at the time of the relevant disposal.
8
For the purposes of paragraph (6) above, the currency in which a liability representing a loan relationship is expressed, or for the acquisition of which an obligation under a currency contract provides, is to be treated as the currency in which an asset is denominated if borrowing in, or the acquisition of, that currency could reasonably be expected to eliminate or substantially reduce the economic risk of holding the asset which is attributable to fluctuations in exchange rates.
9
In paragraph (7) above, “the relevant disposal” means the disposal referred to in regulation 4.
No gain/no loss disposals
8
1
This regulation applies where the disposal of the asset is a no gain/no loss disposal.
2
Where this regulation applies, the amount to be brought into account under regulation 4(1) as a chargeable gain or allowable loss —
a
shall not be brought into account for the accounting period in which the disposal of the asset occurs, but instead
b
for the purposes of the 1992 Act, shall be brought into account as a chargeable gain or allowable loss, as the case may be, by the company making the first relevant disposal of the asset for the accounting period in which the first relevant disposal occurs.
3
In paragraph (2)(b) above, in relation to the disposal of an asset which is a no gain/no loss disposal, “the first relevant disposal” means the first subsequent disposal of that asset which is not a no gain/no loss disposal.
Cases where there is no disposal of the asset by virtue of section 116(10) of the 1992 Act
9
1
This regulation applies in the circumstances prescribed by paragraph (2) below.
2
The circumstances prescribed by this paragraph are where the circumstances prescribed by regulation 3(2) would exist but for there being no disposal of the asset for the purposes of the 1992 Act by virtue of section 116(10) of that Act (“section 116(10)”).
3
Where this regulation applies, the amount which, but for section 116(10), would be brought into account under regulation 4(1) as a chargeable gain or allowable loss shall be found and paragraph (4) below shall apply.
4
Where this paragraph applies —
a
if the amount found under paragraph (3) above would be brought into account as a chargeable gain, the market value of the asset shall, for the purposes of paragraph (a) of section 116(10), be increased by an amount equal to that amount;
b
if the amount found under paragraph (3) above would be brought into account as an allowable loss —
i
the market value of the asset shall, for the purposes of paragraph (a) of section 116(10), be reduced by an amount equal to that amount; and
ii
if that amount exceeds the amount of the market value, an allowable loss equal in amount to the excess shall be treated as accruing on the subsequent disposal of the new asset (within the meaning of section 116(4) of the 1992 Act).
Cases where, but for section 116, section 127 of the 1992 Act would apply in relation to assets as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect
10
1
This regulation applies in the circumstances prescribed by paragraph (2) below.
2
The circumstances prescribed by this paragraph are where, but for section 116 of the 1992 Act, section 127 of that Act would apply in relation to a transaction involving original shares which are or include an asset as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect.
3
Where this regulation applies, regulation 9(4) shall apply to the amount which, by virtue of regulation 8(2)(a), is not brought into account as a chargeable gain or an allowable loss for the accounting period in which the disposal of the asset occurs in the same way as it applies to an amount found under regulation 9(3).
Cases where there is no disposal of the asset by virtue of section 127 of the 1992 Act
11
1
This regulation applies in the circumstances prescribed by paragraph (2) below.
2
The circumstances prescribed by this paragraph are where the circumstances prescribed by regulation 3(2) would exist but for there being no disposal of the asset for the purposes of the 1992 Act by virtue of section 127 of that Act (“section 127”).
3
Where this regulation applies, the amount which, but for section 127, would be brought into account under regulation 4(1) as a chargeable gain or allowable loss shall be found and paragraph (4) below shall apply.
4
Where this paragraph applies —
a
if the amount found under paragraph (3) above would be brought into account as a chargeable gain, in computing the amount of any chargeable gain or allowable loss accruing on the subsequent disposal of the new holding, the consideration received on that disposal shall be increased by an amount equal to that amount;
b
if the amount found under paragraph (3) above would be brought into account as an allowable loss —
i
in computing the amount of any chargeable gain or allowable loss accruing on the subsequent disposal of the new holding, the consideration received on that disposal shall be reduced by an amount equal to that amount; and
ii
if that amount exceeds the amount of the consideration, an allowable loss equal in amount to the excess shall be treated as accruing on that disposal.
Cases where section 127 of the 1992 Act applies in relation to assets as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect
12
1
This regulation applies in the circumstances prescribed by paragraph (2) below.
2
The circumstances prescribed by this paragraph are where section 127 of the 1992 Act applies in relation to a transaction involving original shares which are or include an asset as regards which paragraph (2)(a), but not paragraph (2)(b), of regulation 8 has had effect.
3
Where this regulation applies, regulation 11(4) shall apply to the amount which, by virtue of regulation 8(2)(a), has not been brought into account as a chargeable gain or an allowable loss for the accounting period in which the disposal of the asset occurs in the same way as it applies to an amount found under regulation 11(3).
Cases where exchange gains or losses fall within subsection (4) of section 84A
13
1
This regulation applies in the circumstances prescribed by paragraph (2) below.
2
The circumstances prescribed by this paragraph are where there is a disposal of an asset by a company and the asset disposed of represents a loan relationship of the company in relation to which exchange gains or losses have fallen within subsection (4) of section 84A.
3
Where this regulation applies, an amount equal to the amount of any net gain or net loss shall be brought into account, for the purposes of Chapter 2, as a credit or a debit (according to whether it is an amount of net gain or net loss) in respect of the loan relationship for the accounting period in which the disposal occurs.
4
For the purposes of this regulation, the amount of any net gain or net loss shall be calculated by finding the aggregate of the amounts representing the exchange gains and losses which fell within subsection (4) of section 84A.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 2001 (Amendment) (No. 4) Regulations 2002 and shall come into force on 20th February 2002.
2
The Education (Mandatory Awards) Regulations 2001 (Amendment) (No. 3) Regulations 2002 are hereby revoked.
3
The Education (Mandatory Awards) Regulations 2001 shall be amended in accordance with these Regulations.
4
For paragraph 14(2) of Schedule 2 there shall be substituted —
2
The dependants requirement for each week for which a student shall be eligible under paragraph (1) is:
a
where the academic year begins in the autumn, for the period of 40 weeks beginning on the first day of the first term of the academic year:
i
for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week; or
ii
for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week;
b
where the academic year begins in the winter, spring or summer, for each week of each term of the academic year and the Christmas and Easter vacations beginning on the first day of the first term of the academic year —
i
for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week; or
ii
for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week; and
c
for any other week of the academic year to which sub-paragraphs (a) or (b) do not apply including a week of the summer vacation, except each week falling within the period between the end of the course and the end of the academic year in which the course ends:
i
for one dependent child, 70 per cent. of the costs of the childcare, subject to a maximum amount of £94.50 per week; or
ii
for two or more dependent children, 70 per cent. of the costs of the childcare, subject to a maximum amount of £140 per week.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
6th February 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Students and Income-related Benefits) Regulations 2002 and shall come into force —
a
for the purposes of this regulation and regulation 2, on 1st August 2002;
b
for the purposes of regulations 3 to 6 —
i
in the case of a student whose period of study begins on or after 1st August 2002 but before 26th August 2002, on the day the period of study begins;
ii
in any other case, on 26th August 2002.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Definitions
2
1
In the provisions specified in paragraph (2) below —
a
in the definition of “access funds”, the word “or” at the end of paragraph (c) shall be omitted and after paragraph (d), there shall be added the following —
or
e
Financial Contingency Funds made available by the National Assembly for Wales;
;
b
for the definition of “periods of experience”, there shall be substituted the following definition —
“periods of experience” means periods of work experience which form part of a sandwich course;
;
c
in the definition of “sandwich course” —
i
for the words “Education (Student Support) Regulations 2000” there shall be substituted the words “Education (Student Support) Regulations 2002 ”;
ii
for the words “Education (Student Support) Regulations (Northern Ireland) 2000” there shall be substituted the words “Education (Student Support) Regulations (Northern Ireland) 2001 ”.
2
The provisions specified for the purposes of paragraph (1) above (students: interpretation) are —
a
regulation 38(1) of the Council Tax Benefit Regulations;
b
regulation 46(1) of the Housing Benefit Regulations;
c
regulation 61(1) of the Income Support Regulations.
3
In the Jobseeker’s Allowance Regulations —
a
in the definition of “sandwich course” in regulation 1(3) (interpretation) —
i
for the words “Education (Student Support) Regulations 2000” there shall be substituted the words “Education (Student Support) Regulations 2002”;
ii
for the words “Education (Student Support) Regulations (Northern Ireland) 2000” there shall be substituted the words “Education (Student Support) Regulations (Northern Ireland) 2001”;
b
in regulation 130 (students: interpretation) —
i
in the definition of “access funds”, the word “or” at the end of paragraph (c) shall be omitted and after paragraph (d), there shall be added the following —
or
c
Financial Contingency Funds made available by the National Assembly for Wales;
;
ii
for the definition of “periods of experience”, there shall be substituted the following definition —
“periods of experience” means periods of work experience which form part of a sandwich course;
.
Disregards
3
1
In sub-paragraph (a) of each of the provisions specified in paragraph (3) below, for the sum “£260” there shall be substituted the sum “£265”.
2
In sub-paragraph (b) of each of the provisions specified in paragraph (3) below, for the sum “£319” there shall be substituted the sum “£327”.
3
The provisions specified for the purposes of paragraphs (1) and (2) above (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are —
a
regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;
b
regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;
c
regulations 62(2A) and 66A(5) of the Income Support Regulations;
d
regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
Calculation of grant income
4
1
In each of the provisions specified in paragraph (2) below —
a
at the end of sub-paragraph (c), there shall be added the words “or under regulation 16 of the Education (Student Support) Regulations (Northern Ireland) 2001”;
b
after sub-paragraph (c), there shall be inserted the following paragraph —
cc
the child care component of the National Assembly for Wales Learning Grant;
.
2
The provisions specified for the purposes of paragraph (1) above are —
a
regulation 42(3A) of the Council Tax Benefit Regulations;
b
regulation 53(2B) of the Housing Benefit Regulations;
c
regulation 62(2B) of the Income Support Regulations;
d
regulation 131(3A) of the Jobseeker’s Allowance Regulations.
3
In each of the provisions specified in paragraph (4) below —
a
in sub-paragraph (a), for the words “in that period” there shall be substituted the words “in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study”;
b
in sub-paragraph (b), for the words “in respect of which it is payable” there shall be substituted the words “beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable”.
4
The provisions specified for the purposes of paragraph (3) above are —
a
regulation 42(4) of the Council Tax Benefit Regulations;
b
regulation 53(3) of the Housing Benefit Regulations;
c
regulation 62(3) of the Income Support Regulations;
d
regulation 131(4) of the Jobseeker’s Allowance Regulations.
5
In each of the provisions specified in paragraph (6) below —
a
at the beginning, there shall be inserted the words “In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so,”;
b
for the words “would have been apportioned had he had one” there shall be substituted the words “, as the case may be, would have been apportioned”.
6
The provisions specified for the purposes of paragraph (5) above are —
a
regulation 42(4B) of the Council Tax Benefit Regulations;
b
regulation 53(3B) of the Housing Benefit Regulations;
c
regulation 62(3B) of the Income Support Regulations;
d
regulation 131(5A) of the Jobseeker’s Allowance Regulations.
7
In each of the provisions specified in paragraph (8) below, for the words “the remaining weeks in that period” there shall be substituted the words “the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study”.
8
The provisions specified for the purposes of paragraph (7) above are —
a
regulation 42(5) of the Council 'Tax Benefit Regulations;
b
regulation 53(4) of the Housing Benefit Regulations;
c
regulation 62(4) of the Income Support Regulations;
d
regulation 131(6) of the Jobseeker’s Allowance Regulations.
Treatment of student loans
5
1
This regulation amends the provisions specified in paragraph (6) below and references in this regulation to sub-paragraphs are to the relevant sub-paragraphs of those provisions.
2
For sub-paragraph (a), there shall be substituted the following —
a
in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with —
i
except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;
ii
where the student is required to start attending the course in August or where the course is of less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;
.
3
In sub-paragraph (aa), for the words “immediately following that which includes the first day of that academic year and ending with the benefit week which includes”, there shall be substituted the words “, the first day of which coincides with, or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with, or immediately precedes,”.
4
In sub-paragraph (b) —
a
the words “the earlier of” shall be omitted;
b
for heads (i) and (ii), there shall be substituted the following heads —
i
except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;
ii
where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term;
;
c
for the words “the last day of the last benefit week before”, there shall be substituted the words “the benefit week, the last day of which coincides with, or immediately precedes,”.
5
In sub-paragraph (c) —
a
for head (ii), there shall be substituted the following head —
ii
the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,
;
b
for the words “the last day of the last benefit week in June”, there shall be substituted the words “the benefit week, the last day of which coincides with, or immediately precedes, the last day of June”.
6
The provisions specified for the purposes of this regulation above are —
a
regulation 47(2) of the Council Tax Benefit Regulations;
b
regulation 57A(2) of the Housing Benefit Regulations;
c
regulation 66A(2) of the Income Support Regulations;
d
regulation 136(2) of the Jobseeker’s Allowance Regulations.
Eligible rent
6
In the Housing Benefit Regulations —
a
regulation 51 shall be omitted;
b
in regulation 52 (student partners), for the words “regulations 50 and 51 (eligible housing costs and eligible rent)” there shall be substituted the words “regulation 50 (eligible housing costs)”;
c
regulation 58(2) shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th June 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002, and shall come into force on 6th May 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 .
3
These Regulations extend to England only .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13, 14 or 15 .”.
Amendment of regulation 3 of the principal Regulations
3
Regulation 3(1) of the principal Regulations (eligible bodies) is amended as follows: —
a
at the end of sub-paragraph (c) omit the word “or”, and
b
at the end of sub-paragraph (d) add —
, or
e
the Public Health Laboratory Service Board .
.
Amendment of regulation 4 of the principal Regulations
4
In regulation 4 of the principal Regulations (liabilities to which the Scheme applies) insert “(1)” at the beginning and at the end add the following paragraph —
2
The reference in paragraph (1) to any act or omission to act on the part of a person engaged by a member includes any act or omission to act on the part of an employee or agent of the person so engaged.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State
Department of Health
11th April 2002
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
11th April 2002


text:
1
This Order may be cited as the Education (Birmingham College of Food, Tourism and Creative Studies) (Transfer to the Higher Education Sector) Order 2002 and shall come into force on 1st August 2002.
2
On the date on which this Order comes into force the Birmingham College of Food, Tourism and Creative Studies shall cease to be a further education corporation and shall become a higher education corporation.
Margaret Hodge
Minister of State,
Department for Education and Skills
15th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Poole Primary Care Trust (Establishment) Order 2002 and shall come into force on 14th 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 Poole 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 14th March 2002 a Primary Care Trust to be called the Poole Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Dorset Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make premises and other facilities of the Authority available to the trust during the preparatory period.
3
The Dorset Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
3rd March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2002 and shall come into force on 7th August 2002.
Amendments to Regulation 3
2
1
In Regulation 3(1) of the Motor Vehicles (EC Type Approval) Regulations 1998 from the definition of “the Framework Directive” shall be deleted the word “and” before the word “ 98/14/EC ”, and the following shall be inserted: “, and 2001/116/EC ” .
Amendments to Schedule 1
3
1
The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the insertion in the columns specified of the entries specified below.
2
In item 2 (Emissions), there shall be inserted in the third and fourth columns —
2001/100/EC† L16, 18.1.2002, p. 32
3
In item 36 (Heating systems), there shall be inserted in the third and fourth columns —
2001/56/EC† L292, 9.11.2001, p. 21
4
In item 45 (Safety glass), there shall be inserted in the third and fourth columns —
2001/92/EC* L291, 8.11.2001, p. 24
5
In item 46 (Tyres), there shall be inserted in the third and fourth columns —
2001/43/EC† L211, 4.8.2001, p. 25
6
After item 51, there shall be inserted in the first, second, fourth and fifth columns —
52 2001/85/EC† L42, 13.2.2002, p. 1 Buses and coaches
7
Items 55 and 56 shall be re-numbered, respectively, items 56 and 57.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
12th July 2002